HomeMy WebLinkAboutcoa.lu.an.Burlingame Vlg & Bar X.0073.2004
City of Aspen Community Devebpment Department
CASE NUMBER
0073.2004.ASLU
PARCEL ID NUMBER
PROJECT ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
Burlingame Village & Bar X Ranch
Joyce Allgaier
Annexation
Joyce Allgaier
DATE OF FINAL ACTION
CLOSED BY Amy DeVauh
C~
SHE CITYOF ASPEN
Memorandum
To: Mayor and City Council
Through: Steve Barwick, City Manager f
From: Paul Menter, Director of Finance and Administrative Servi s' `~ ~
Scott Newman, CFA, Senior Financial Analyst -Debt d Investment
Management
Date: 2/10/2005
CC: Department Directors
Re: Burlingame Fiscal Impact Analysis
Summary: Finance Staff has compiled the estimated financial impacts of the proposed
Bar/X -Burlingame Affordable Housing development (the development) to individual City
funds. Based upon departmental estimates, the development will result in an annual cost
increase of $409,272, for ongoing operations at build out, excluding expanded transportation
service to the development and other areas. These costs will be offset by projected annual
revenues of $601,877.
Initial one time capital costs are estimated to be $711,460, excluding transportation, and will
be offset by projected one-time revenues of $1,101,360. All revenue and expenditure
amounts aze estimated at build out of the project and are presented in current year dollars.
Attachment A provides complete information regarding these estimated impacts.
A detailed transportation plan is attached. The recommended transit and mobility plan for
the first phase of Burlingame Village would also significantly improve transit service along
the under-served Highway 82 corridor on the west side of town. The estimated annual
operating cost of the recommended plan would be $508,196 and estimated annualized capital
replacement costs would be $96,400. The total cost per year for the recommended
transportation plan is $604,596. Staff recormnends that this annual amount be funded
through 2009 by a one-time contribution of $2 million from the Housing Development Fund.
The Burlingame Project Development Team is planning the Village to physically
accommodate whatever level of transit service is provided. Four bus stops will be provided
in Phase I to maximize residents' convenience. Road widths and turning radii are sufficient
February lq 2005
for transit vehicles of all sizes from vans to motor coaches. Initial one time capita] costs,
associated with providing transportation service to the development and other areas are
estimated to be $1.14 million, plus the $200,000 included in the project pro forma for the
developer to provide the bus stops and shelters. The attached Transportation Department
memo provides complete information regarding these estimated impacts. Finance Staff has
not estimated any potential increases to transportation revenues pending the discussion of the
associated larger policy issues.
Background: At the October 25, 2004 meeting, Aspen City Council chose a design
submitted by Shaw Construction for the proposed Bar/X -Burlingame Affordable Housing
development. Shaw Construction will be the general contractor for this project. Phase I
construction is scheduled to begin in 2005. The development plan calls for 196 units to be
built in three phases over the coming years.
Methodology: Community Development and Finance Staff facilitated a meeting of City
Department heads to request information on how the proposed Bar/X -Burlingame
Affordable Housing development would affect their departments. Finance Staff met with all
departments, analyzed all requests and compiled the final estimates summarized in
Attachment A.
Discussion:
General Fund: General Fund Departments estimate the development will increase
General Fund expenditures by $179,296 annually. This will be offset by an increase
in revenues of $221,032 annually. The majority of the annual increase in operating
costs will come from the Streets and Police Depaztments. The Streets Department has
analyzed its plowing operations, has creatively redesigned its plowing routes and is
requesting only additional equipment. Estimated tail volume justifies an increase of
0.6 of an additional police officer based upon existing workload and Police
Department service capacity. General Fund requests are summarized on page 2 of
Attachment A. One time General Fund capital costs of $230,000 aze projected for
Street Department vehicles, as estimated by departmental staff. The development
plan includes approximately $350,000 in permitting and other fees payable to the
Community Development Department. These revenues are not incorporated into the
attached fiscal analysis. These fees constitute one time revenues to the Genera] Fund
that will offset all associated plan review and inspection costs, which aze also
excluded from the attached fiscal analysis. Page 2 of Attachment A provides more
detail regarding projected General Fund fiscal impacts.
Parks aad Open Space Fund: Parks Staff estimates the development will require an
increase in Parks and Open Space Fund expenditures of $54,965 annually. The
majority of this increase is due to trail maintenance and plowing, administration and
depreciation. Offsetting revenues of $49,895 from increased sales taxes are
projected. Additional detail can be found on page 3 of Attachment A.
February 10, 2005
One time Parks and Open Space Fund capita] costs of $51,000 will be necessary to
increase the Parks fleet of vehicles and provide for other capital items, as estimated by
departmental staff. Additional detail can be found on page 3 of Attachment A.
There is no corresponding revenue offset for pazks capital development as related to
this development. The parks impact fee has been paid through the donation of land to
be preserved as open space.
Wheeler Opera House Fund: Finance Staff anticipates that the development will
have no effect on Wheeler Opera House operating expenditures. However, the
associated property transfers will have the effect of increasing collections of the
Wheeler's portion of the Real Estate Transfer Tax by $130,000 through build out, and
$39,286 in annual collections thereafrer (assuming 13%, or 1/7th unit turnover
annually).
• Lodging Tax Fund: Finance Staff anticipates no financial impact to the fund.
Parking Improvement Fund: Sales tax revenue of $8,316 is projected. There is no
anticipated expenditure impact to the fund.
Housing Development Fund: The Housing Development Fund will pay for the
development. The net cost to the fund will be dependent upon final Council decisions
regarding anrenities, construction costs and the final sales category levels applied to
constructed units. Currently the subsidy associated with this project is broadly
estimated at $7 million. Estimated increases in annual sales tax revenue total $8,233
at build out. The HRETT is not applicable to the affordable housing aspect of this
development. The HRETT associated with the lot sales and free mazket home sales
are estimated to be $250,900, initially and $35,843, annually at build out, assuming
13%, or 1/7ei unit turnover annually). Additional detail can be found on page 7 of
Attachment A.
• Day Care Fund: Daycare Staff anticipates an increase in demand for services and
funding and that additional revenue should offset any additional expenditures.
Estimated increases in annual sales tax revenue totals $6,736 at build out.
Water Utility Fund: Utility Department Staff estimates that providing service to the
development will increase Water Utility Fund expenditures by $160,161 annually
(including depreciation). Water sales and charges will offset these additional
expenditures by $149,680, annually. Additional detail can be found on page 5 of
Attachment A.
Utility Departrent Staff estimates capital spending for infrastructure will be
$430,460 in year one and will be offset by tap fees. Additional detail can be found on
page 5 of Attachment A.
Electric Utility Fund: Utility Deparhnent Staff indicate that it is premature to
estimate electric revenues and expenditures, at this time. Revenue and expenditure
February 10, 2005
.~ ,
estimates could vary by as much as 50% depending on the final design of the system,
which has yet to be determined. Utility Department Staff is very confident that
electric revenues will offset expenditures necessary for providing service to the
development.
Housing Administration Fund: Housing Administration recently added a new
position. This position will be responsible for the application and sales processes
associated with the development and all future service increases associated with this
project. It is estimated that these duties will represent one-third of this position's
workload and the associated cost will be $14,850, annually. These costs will be
offset by revenues from purchase applications, application fees and other related fee
services estimated to initially be $290,000 at build out and $82,857 annually
(assuming a 2% sales fee and 13% unit turnover annually), thereafter. Additional
detail can be found on page 6 of Attachment A.
In total, with the exception of the transportation services challenges noted above, this
fiscal analysis projects that the service levels and cost increases associated with serving
the new Burlingame subdivision can be absorbed in the City's long range financial plans
for each impacted fund.
4
Attachment A
City of Aspen
BAR XI Burlin ame Annexation
Financial Summa ry
REVENUE: ne ime
Estimatetl Annual
Amount
Ongoing Estim.
Annual Amount
NOTES
Asset Mana ement Plan
Total Estimated Revenue Impacts $ $ No Impact
General Fund:
Total Estimated Revenue Im acts
221,032 Property Tax, Population Based Fees, Util/GATV
Franchise Fees, Permit Fees, Development Fees
Parks and O en 5 ace Fund
Total Estimated Revenue Im acts 49,895 1.SX Sales Tax.tor Parks antl Open Space
Wheeler O era House Fund
Total Estimated Revenue Im acts 130,000 39,286 RE7T
Lod in Tax fund
Total Estimated Revenue Im cis No Impact
Parkin Im rovement Fund
Total Estimated Revenue Im acts 8,316 ORS%6ales Tax for Parking Structure
Housing Deveto ment Fund
Total Estimatetl Revenue Impacts 250,900 44,076 Sales tax / RETT on Fr¢e Market on
Da Care Fund
Total Estimated Revenue Impacts 6,736 0.45% Sales Tax for Day care (45%)
Water Ulllit Fund
Total Estimated Revenue Im cis 430,460 149,680 Tap tees, Water Sales, Fees, Etc.
Electric Utili Fund
Total Estimated Revenue Im acts Uliliry Stall anticipates revenues to offset expenditures
Transportation Improvement Fund
Total Estimated Revenue Im acts Atldressetl Separately
Housin Administration
Total Estimated Revenue Impacts 290,000 82,857 Administrative
TOTAL REVENUES: $ 1,101,360 $ 601,877
EXPENDITURES ne ime
Estimatetl Annual
Amount
Ongoing Estim.
Annual Amount
NOTES
Asset Management Fund $ $ No Impact
GENERAL FUND ALL DEPARTMEN
230,000
179,296 Personnel, equipment and tleprecialion spread through
GF Departments
Parks antl O en S ace Fund
51,000
54,965 Trail Plowing antl Maintenance, Atlministration, Vehicles
antl Playing Fiela
Wheeler Opera House Fund Nc Impact
Lod in Tax Fund No Impact
Parkin Improvement Fund No Impact
Housin Development Fund No Impact
Da Care Funtl Daycare Stall anticipates revenues to oNSet expenditures
ater Utilit
30,460
60,161 Atlministration, Hydrant Maintenance, Treatment and
Supply, Billing; Tiehack, AABO, antl aar/x to Burlingame
Village Connections, highway 82 Crossing antl Rio Grantle
wen.
Electric Utilit Utility Stall anticipates revenues to offset expantlitures
TransDOnatiOn Fund Atldressed Separately
Housin Administration 14,650 Administration
LL FUNDS TOTAL EXPENDITURES 711 460 409 272
Annual OverllShortl: $ 389 900 $ 192,605
Page 1
,''
a„~
CITY OF ASPEN
ANNEXATION IMPACT ANALYSIS
"BAR XlBurlin ame Annexation
Fund: Genera l Fund
Department: Multiple De partments
Description
One Time Amount Ongoing Annual
Amount
Justification/Basis
Revenues
Propert Tax -
$ -
$ 69,312 Per Estimated Assessed Value, Current
Rate
Finance - 58,285 Utilities/Cable Franchise Fees
-
52,000 Estimated 1 % increase in Retail Sales
Count -wide
Clerk 3,997 Population based Increases
Streets - 32,438 Population based Increases
ARC 5,000 ass, program sa es, a c.
TotaF Revenue Impacts $ - $ 221,032
Ex enditures
Police - 49,964 .6 FTE
Streets 230,000 56,766 Additional Equipment, road maintenance
Other Departments - 72,566
Total Expenditure Impacts: $ 230,000 $ 179,296
Page 2
...~
CITY OF ASPEN
ANNEXATION IMPACT ANALYSIS
"BAR X/Burlin ame Annexation
Fund: Parks and O en S ace
De artment: Parks De partment
Description
One Time Amount Ongoing Annual
Amount
Justifcation/Basis
Revenues
Total Revenue Im acts $0 $49,895
Ex enditures
O eraling $0 $39,365 Plowing, Maintenance and Administration
Vehicles - $51,000 - $0 Fleet Additions
Pla ing Field $0 $0
Depreciation ~ 15 600 Trail and irrigation. Not vehiGes. -
Total Expenditure Impacts: $51,000 $54,965
Operating impacts include: Snow Plowing, Maintenance, Vegetation Management, Open Space Administration, Community
Forest Administration, Parks and ReGCommDev Permit Com liance, E ui ment and Vehicle Maintenance
Page 3
CITY OF ASPEN
ANNEXATION IMPACT ANALYSIS
"BAR X/Burlin ame Annexation
Fund: Wheeler O era House
Department: Wheeler Op era House
Description
One Time Amount Ongoing Annual
Amount
Justification/Basis
Revenues
RETT $130,000 $39,286
Total Revenue Impacts $130,000 $39,286
Ex enditures.
Total Expenditure Impacts: $0 $0
RETT estimate based u on 0.6% tax rate on $26 million value of free market real estate transactions throw h build out.
Page 4
,>
CITY OF ASPEN
ANNEXATION IMPACT ANALYSIS
"BAR X/Burlin ame Annexation
Fund: Water Utili
Department: Utilities De artment
Description
One Time Amount Ongoing Annual
Amount
Justification/Basis
Revenues
Water Sales, demand, fre charges,
variable sales
$0
$149,680
Tap Fees $430,460 $0
Total Revenue Impacts $430,460 $149,680
Ex enditures
Administration $0 $27,403
H dram Maintenance $0 $6,338
Treatment and Supply $0 $22,563
Distribution and Pum in $0 $16,263
Utili Billin $0 $50,127
Tiehack connection (included in AMP) $88,900 $0
Rio Grande Well (included in AMP) $115,500 $0
Highway 82 Water Line Crossing $38,100 $0
AABC Connection $76,200 $0
Bar/X to Burlingame Village Connection $111,760 $D
Depreciation $0 $0
Tiehack connection (included in AMP $0 $1,482
Rio Grande Well (incuded in AMP) $0 $1,925
Highway 82 Water Line Crossing $0 $635
AABC Connection $0 $1,270
Bar/X to Burlingame Village Connection $0 $1,863
Capital Expenditures-Develo er Costs ~ 30 292
Total Expenditure Impacts: $430,460 $160,161
Program budget areas include administration, hydrant maintenance, treatment and supply, distribution and pumping, and utility
billing. Expected percentage increase in each of the above areas (respectively) are 6.2%, 8.1 %, 4.4%, 3.5% and 10.6%.
Expected cost increases for each of the above programs (respectively) is $27,403; $6338; $22,563; $16,263; and $50,127. The
total cost annual cost increase is expected to be $122,694.
Tap fees and well development charges will offset capital expenditures for the water plant (including land payment), raw water
collection system and common elements of the water system. During the build out period, tap fees are expected to be
$1,209,000 in each year (totaling $4,836,000 based on estimated 700 ECUs). Well development fees (applicable to BarlX only)
are expected to be $10,000 per year in each of the four year build out period (totaling $40,000).
api a expenses are ro en in o a num er o su ca egories. ese inc u e a percen age o se ec a cape a c arges a are
already in the AMP and are necessary to serve these projects. An example of this category is the well expansion at Rio Grande
which will provide a portion of the increased firm water yield to add the water demand to our system. A second category of
capital expense are those that are not included in either the City's AMP or in the development proposals. An example of this
category is the required water line connection to the Airport Business Center. For this connection a percentage of the costs
assigned based on the ECU value for the area to be annexed pro-rated to Service Area 6 (west of Maroon Creek) ECU data.
The last category is developer provided infrastructure that won't need an appropriation but does need to be considered in
depreciation and replacement calculations
De reciation-Assumes Strai ht line de reciation, No salva a value and a 60 ear useful life
Page 5
,„-,.
..
...
CITY OF ASPEN
ANNEXATION IMPACT ANALYSIS
"BAR X/Burlin ame Annexation
Fund: Housing Ad ministration
Department:
Descriotion
One Time Amount Ongoing Annual
Amount
Justification/Basis
Revenues
2%Sales Fee $ 290,000 $ 82,857
Total Revenue Impacts $ 290,000 $ 82,857
Ex enditures
Pa roll $0 $14,850 Recent hire
Total Expenditure Impacts: $0 $14,850
Sales im act fee of 2% on sales of $29 million. 50% will be waived with initial sales.
Page 6
CITY OF ASPEN
ANNEXATION IMPACT ANALYSIS
"BAR X/Burlin ame Annexation
Fund: Housing Development
Department: AMP/HOUSin Development
Descriotion One Time Expense
Annual Amount Ongoing Expense
Annual Amount
Justifcation/Basis
Revenues
Housin RETT -Free Market onl $250,900 $35,843
Housing Sales Tax - ~ 8 233
Total Revenue Impacts $250,900 - $44,076
Ex enditures
Total Expenditure Impacts: $0 $0
HRETT estimate based upon 9 lot sales worth $1.29 million and 13 free market home sales worth $26,000,000. HRETT is
calculated on value of real estate realer than $100,000 at 1.00 tax rate.
Page 7
T0: Mayor and City Council
FROM: Transportation Department, John Krueger and Lynn Rumbaugh
THRU: Randy Ready, Assistant City Manager
DATE: February 1, 2005
RE: Burlingame Village Phase One -Mobility Options
Summary
This memorandum proposes a recommended transit and mobility plan for the fast phase of Burlingame Village
that would also significantly improve transit service along the Highway 82 corridor on the west side of town.
The employee housing areas that would be served by the recommended transit improvements include 1108
residents at the following developments: Truscott (293 residents), Country Inn (43 residents), Burlingame
Seasonal and Maroon Creek Club Employee housing (285 residents), Annie Mitchell Homestead (43 residents),
the North Forty (144 residents) and the estimated 300 residents of Burlingame Village Phase I. This corridor on
the west side of town is not well served by transit. Even though all valley buses travel through the corridor,
arrival times are widely variable at the end of a long-haul route that begins in Glenwood Springs due to weather,
road conditions and congestion levels.
The estimated annual operating cost of the recommended plan would be $528,196 and estimated annualized
capital replacement costs would be $96,400. The total costper year for the recommended plan would be
$624,596. For purposes of the Burlingame Village Financial Impact Report, the approximately $20,000 in
annual operating costs for extension of the transit route from Burlingame to the AABC have been deducted,
resulting in an annual Burlingame service cost of $604,596. The Burlingame Project Development Team is
planning the Village to physically accommodate whatever level of transit service is provided. Road widths and
turning radii are sufficient for transit vehicles of all sizes from vans to motor coaches.
While this memorandum deals with the transportation needs assessment and financial impacts, a funding plan is
being developed that will include proposed revenue from the Housing Development Fund, Homeowners'
Association, user fees for some proposed elements, and future contributions from the Transportation Fund. The
Transportation Fund is currently experiencing annual budget challenges and will be the subject of additional
City Counci] work sessions in the near future. Staff recommends that the annual cost of Burlingame transit
service be funded through 2009 by a one-time contribution of $2 million from the Housing Development Fund.
The staff recommendation includes fixed-route transit service with flexible hours and frequencies to be based
upon resident usage patterns, along with supplemental transportation alternatives to accommodate residents'
needs during off-peak times or when fixed-route transit will not work for specific trips. A key feature of the
,,
recommended plan is its flexibility and ability to respond to future phases and increases in transit demand. The
transit component will substantially improve the reliability and convenience of transit not only for Burlingame,
but also for all of the other properties along the corridor, with 15 potential bus stops between Burlingame
Village and Rubey Park.
Background
To preserve Aspen's environment and small-town chazacter, the Aspen community has directed the City of
Aspen to maintain traffic volumes at ]993 levels in perpetuity as stated in the Aspen Area Community Plan.
In keeping with this goal, the City has implemented a comprehensive Transportation Demand Management
program that includes paid parking, free and frequent transit, carshazing, outreach and marketing. This awazd-
winning program has been successful to date -even as Aspen and down valley communities have experienced
tremendous growth. The Aspen community has also made environmental quality a priority, adopting programs
that have significantly reduced traffic and improved air quality. Aspen City Council also adopted the Ecological
Bill of Rights, which emphasizes the importance of clean air. Since traffic is the primary source of particulate
pollution in Aspen, the most important way to maintain good air quality is to keep traffic levels stable. Aspen's
Land Use Code also strives to ensure that developments do not have pernicious effects on air quality.
Historically, Aspen residents will use commute alternatives when provided. For example, 2000 census figures
show that almost 12% of Aspen residents use transit to commute to work, compared to 4.6% nationwide and
20% walk compared to 3% nationwide. Overall ridership on local Aspen routes rose by 0.8% in 2004.
The Transportation Fund is currently operating with a structural deficit. Aspen's 2005 transit service plan is
budgeted at $3,326,195.00. This service is funded via Aspen's share of the 1% Transit Tax collected by Pitkin
County as well as a portion of the 1% bed tax. Both of these funding sources are experiencing an upswing as of
2004. However, RFTA operating costs continue to increase annually at a rate that outpaces the growth of City
service funding sources. With current service levels and revenue generation scenarios in place, the
Transportation fund is projected to reach deficit position by 2007. Staff will return to Council in the near future
to discuss potential solutions to this problem.
Discussion
With the development of Burlingame, Aspen continues to strive toward housing more of its workers locally,
reducing vehicle miles traveled. The Burlingame Housing project will be built in three phases. Phase One will
encompass 97 units: 14 one bedroom; 29 two bedroom; 43 three bedroom; and 11 building lots. It is estimated
that these units and lots will house approximately 300 residents. City Council has chosen to make this
development a model of green building and environmental sustainability. A major component of this process is
the establishment of a mobility plan that mitigates the potential for increased traffic congestion or PM-10
pollution by connecting Burlingame residents to all of Aspen's amenities without requiring them to drive.
The Transportation Department has developed three mobility options for Burlingame Phase One, with the
objective of making it possible for residents to live without a caz or to avoid the need for more than one
household vehicle. Shaw Construction has been chosen as the developer of Burlingame project. Staff has
worked closely with. Shaw and RFTA on the development of these plans, incorporating their elements into the
street design and community layout. Staff has also collaborated with the Environmental Health department on
to determine options that best mitigate PM-10 impacts.
It is important to note that staff also aims to provide improved transit services to more than 800 additional
residents at other employee housing developments including Truscott, MAABurlingame, Aspen Country Inn,
Annie Mitchell Homestead and the North Forty. In 2002, City staff contracted with LSC Transportation
Consultants to perform an evaluation of the existing local transit system as well as an analysis of potential
service change alternatives. In their £nal report, LSC noted that, "unnerved and underserved areas include the
Truscott housing development, Aspen Country Inn, the Burlingame employee housing development, the Maroon
Creek Club employee housing development, the Airport Business Center and the Pitkin Country Airport. °
Therefore,. the costs associated with the attached transportation plans should not be wholly attributed to the
Burlingame development, but rather distributed among the numerous housing developments between the
roundabout and the Airport Business Center.
Financial Implications:
The following mobility options are not currently funded in the Transportation budget. Staff recommends'that
the annual cost of the Burlingame transit service be funded through 2009 by a one-time contribution of $2
million from the Housing Development Fund. All estimated costs quoted in the plans are based on 2005 dollars
and 2005 RFTA service rates: Potential funding sources include housing development funds, homeowner's
association dues, user fees, parking charges and future contributions from the transportation fund. Staff will
return to Council in the near future to discuss this and other transportation funding issues.
Attachments:
Attachment A: Option 1, Recommended Plan
Attachment B: Option 2, Enhanced Transit Plan
Attachment C: Option 3, Connection Focused Plan
Attachment D: Proposed transit route
Attachment E: Cost Summaries
r,.
Attachment A
Option 1 -Recommended Plan
This plan would provide residents with a variety of mobility choices including transit, carsharing, on-demand
service and a choice of personal mobility equipment. This plan is recommended for its provision of a wide
variety of options including transit service that can be expanded, as demand and further development require.
1. Seasonal Fixed-Route Transit: Fixed route transit would be provided using three new low floor vehicles.
Service in the spring, summer and fall seasons would be available during peak periods in the morning and
afternoon, with increased service in the winter when other modes such as walking and biking are not as
convenient for many residents.
Service Area: Rubey Park to Truscott, Country Inn, Buttermilk, MAA, Burlingame
Village, and Airport Business Center
Spring/Summer Fall Hours: 30 minute service from 6:00-9:OOam and 3:00-6:OOpm only
Winter Hours: 30 minute service from 6:00-9:OOam and 3:00-6:OOpm,
60 minute service all other hours unti12:00am
Operating Cost: $194,301 spring/summer/fall and $255,895 winter
Total annual cost of $450,196
Capital Cost: $990,000 for 3 diesel buses', $61,000/annually for replacement,
assuming 50% federal match for bus replacements
2. On-Demand Service: On-demand taxi service would supplement peak-only transit service during the
spring, summer and fall seasons. This would provide equal access to timely service for residents who do not
work a typical peak hour shifr as well as provide an emergency ride home feature. Service would be available
on demand between Burlingame and downtown Aspen or the ABC from 9:OOam-3:OOpm and from 6:OOpm-
2:OOam. Homeowners and the City would share the costs of this service. The estimated cost per year is $46,000
to be divided between the City, the Homeowner's Association and individual users.
3. carsharing: An extension of the Roaring Fork Valley Vehicles carshaze program would provide residents
with access to private vehicles when needed. Transportation staff recommends the purchase of three vehicles
for Phase One.. All households would be assessed a $10 monthly administration fee for the program to offset
the operating costs of the vehicles. After securing memberships, residents would pay the standard RFVV
hourly and per mile chazges based on use. The purchase of three additional vehicles would cost $45,000
($15,000/ea) for standard cars or $75,000 ($25,000/ea) for hybrid vehicles. In addition, $15,000 per year would
be needed for vehicle operation and $10,400 would be set aside annually for capital replacement of the three
'Two buses in operation, plus one spare. Three hybrid electric buses could be purchasedjor $1.8 million
standard vehicles afer a five-year span ($17,400 for hybrids). The expansion of the RFVV fleet to eight total
vehicles would require additional staff time for fleet management and back office duties. It is suggested that a
'/o-time staff person be added at a cost of $15,000 annually. An upgraded reservations system is also
recommended for aone-time cost of $3,000.
4. Mobility Allowance: Atrial mobility allowance program could be implemented to provide residents with
additional options for connecting to the Buttermilk bus stop or walking or bicycle riding into town. This
program would provide $1,000 to each unit for the purchase of scooters, bicycles or other approved items that
would facilitate a connection to trails or transit. Alternatively, the funds could be provided to the homeowners'
association for the purchase of community items such as a bike fleet or a vanpooling vehicle. Purchases would
be coordinated through City staff to ensure that funds are used only for appropriate items. Staff suggests that the
housing development fund provide this allowance every four years to replace items, or to allow new residents to
participate for the first time.
5. Paid Parking: The Burlingame development will provide 1.5 spaces per unit, or approximately 145 spaces
in Phase One. To serve as a further auto disincentive and to assist with annual funding of operations, staff
recommends that some form of paid parking be instituted. For example, each unit could receive one parking
space as part of the purchase price, with additional spaces sold for an annual fee. If each of the 48 spaces
available (after one is provided to each unit) were sold fora $75 monthly fee, $43,200 would be raised for the
funding of transportation options. This amount would fund the majority of annual operational costs for three
carshare vehicles.
6. Public Information: Public information programs will be necessary to ensure that all residents are aware of
their transportation options. A move-in packet detailing this plan would be provided to al] residents.
Transportation kiosks would be installed in high-traffic areas such as the community center. Transit schedules
and other marketing pieces would be printed for Burlingame residents as well as other neighborhoods receiving
new transit services.
7. Pros and Cons: This plan would provide several benefits including:
• Increased transit service to employee housing residents during winter season, when valley
routes tend to be less reliable
• Expandable peak-period transit service during spring-summer-fall, with frequent valley bus service
available at Buttermilk at other times of day
• .Dial-a-Ride options for those whose schedules do not fit into transit schedules
• carshare and personal mobility options for other trips
• Easy transition to add more (or less) transit service as demand requires
,~~
Q
• Interchangeability of off-peak bus service into town or van service to Maroon Creek Road
• Paid parking for more than one space/household provides true price signals about the cost of driving
Drawbacks to this plan include:
• Seasonality of service creates less consistent schedule that may affect ridership
• Limited fixed route service in spring/summer/fall months
• Idea of mobility a]lowance is untested
• Dia]-a-ride options have been difficult to promote at other employee housing developments
9. Estimated Costs: Option 1 -- Recommended Plan
Element One-Time Annual Annual Operating
Replacement
Transit $990,000 $61,000 $450,196`
On-Demand 0 $0 $46,000
Carshare $48,000 $10,400 $30,000
Allowance $97,000 $25,000 $0
Public Info 5 000 $0 $2
Total $1,140,000 $96,400 $528,196
'This cost includes $20,000 to provide transit service to the AABC. This $20,000 cannot be attributed [o the
development of Burlingame Village.
6
,..,
. ,~
Attachment B
Option 2 --Enhanced Transit Plan
This plan would substantially enhance Aspen's local transit system, providing improved service to a variety of
employee housing residents including Burlingame homeowners. A carshare program would allow for personal
vehicle trips when needed. In general, this plan is preferred by the Environmental Health Department for its
potential to even further reduce PM-10 pollution and traffic congestion through consistently improved transit
options, with less seasonal variability.
1. Fixed-Route Transit: Fixed route transit would be provided using three new low floor transit vehicles.. The
cost to purchase three diesel vehicles is $990,000 ($330,000/ea); with hybrid vehicles increasing the cost to
approximately $1.8 million ($600,000/ea). Service could operate 365 days per year from approximately 6:OOam
to 2:OOam with reduced hours in the spring and fall in keeping with other City services. Alternatively, service
could operate on a peak/non peak schedule with reduced frequency during hours of lower ridership.
A. Peak /Non Peak option
Service Area: Rubey Park to Truscott, Country Inn, Buttermilk, MAA, Burlingame
Village, and AABC
Service Hours: 30-min from 6-gam and 3-6pm, 60 minutes remainder of day, year-
round
Operating Cost: $676,818 annually
Capital Cost: $990,000 ($330,000 each), $61,000 annually for replacement, assuming
50% federal match for bus replacements
B. 30-minute service. option
Service Hours: 30 minute service from 6:OOam-2:OOam, year-round
Operating Cost: $1,040,694 annually
2. Carsharing: An extension of the Roaring Fork Valley Vehicles carshare program would provide residents
with access to private vehicles when needed as outlined in the Recommended Plan.
3. Paid Parking: Staff recommends that paid parking be instituted at Burlingame as outlined in the
Recommended Plan.
4. Public Information: Public information efforts would be undertaken (see Recommended Plan).
5. Pros and Cons: This plan would deliver a variety of benefits including:
• Decreased headways for riders traveling between Aspen and the AABC
• Decreased pressure and less local stops on valley routes
• More reliable transit service year-round for approximately 1108 employee-housing residents
.,,
Q
• Potential to serve proposed Buttermilk and Inn At Aspen redevelopment
• Carshare vehicles for Burlingame residents
Drawbacks to this plan include:
• High annual operating costs
• Unproven level of demand for off-peak fixed-route transit service that may be unnecessary at least for
Phase I
• Overall reduced menu of alternative transportation choices for residents
Transportation staff recommends Option 1 over this plan because the recommended plan provides flexibility and
a greater menu of alternative transportation choices, with transit service hours that can be adjusted over time as
future phases of construction are completed or as conditions change in the corridor.
7. Estimated Cost: Option 2 -Enhanced Transit Plan (peak/non-peak)
Element One-Time Replacement
Transit $990,000 $61,000
Carshare $48,000 $10,400
Public Info $51000 $0
Total $1,043,000 $71,400
Cost: Option 2 -Enhanced Transit Plan (30 minute)
Element One-Time Replacement
Transit $990,000 $61,000
Carshare $48,000 $10,400
Public Info $5100 $0
Total $1,043,000 $71,400
Annual Operating
$676,818'
$30,000
$2
$708,818
Annual Operating
$1,040,694"
$30,000
$2
$1,072,694
*This cost inc/udes $32, 000 to provide [ransit service to the AABC. This $32, 000 cannot be attributed to the development
ojBurlingame Village.
**This cost includes $46,000 to provide transit service to the AABC. This $46,000 cannot be attributed to the developmen[
ojBurlingame Village.
~,.r
Attachment C
Option 3 --Connection Focused Plan
This plan would connect Burlingame residents to existing RFTA valley services via the Buttermilk and
roundabout transit stops. This plan is not recommended by Environmental Health or Transportation
Departments.
1. Scheduled van service: This service would make use of RFTA 15-passenger shuttle vehicles to provide a
circulating service from Burlingame to Buttermilk and the Roundabout. Connections at Buttermilk would
provide service to downtown Aspen or downvalley, with roundabout connections serving the Castle/Maroon
area (and town if desired). Providing this service with one van every 20 minutes for 20 hours daily, 365 days
per year would cost approximately $326,000 annually. Capital costs would total approximately $150,000 for
two 15-passenger shuttle vans.
2. Bike Storage: Bike lockers located at Buttermilk would allow Burlingame residents to bike to this transit
connection and store their bicycles for the day. This would be helpful during winter months when bike racks on
buses aren't available, and in the summer when they are often fully utilized. Bike lockers cost an estimated
$1500 each (per one bike).
3. Paid Parking: Paid parking would be implemented as outlined in the Recommended Plan.
4. Public Information: Staff would implement information programs (see Recommended Plan).
5. Pros and Cons: This plan would provide the following benefits:
• Connecting Burlingame residents to downtown Aspen via a transfer at Buttermilk or the
Roundabout with frequent service throughout the day
• Connecting Burlingame residents to destinations along Maroon Creek Road via a transfer at the
Roundabout
• Reduced costs compared to other plans
The main drawbacks to this plan include:
• Lack of convenient transit and carshare options
• At least one transfer would be required for residents to get to their ultimate destinations
• The schedule variability of the valley buses at this point in the corridor compounds this option's
inconvenience and disincentive to use transit
• This plan provides no service improvements to Truscott, Country Inn, MAA/Maroon Creek Club,
North Forty or Annie Mitchell Homestead residents
This plan is not recommended at this time except as a potential off-peak and/or off-season service alternative
depending on resident demands and travel patterns. Ijrail service or much more reliable bus service via a Bus
Rapid Transit (BRT) system in the valley is implemented, the drawbacks to this option may be able to be
~.
overcome and this connection-focused alternative could become a very cost-effective and convenient transit
service that could capture as many trips as the other alternatives..
7. Estimated Cost: Option 3 -Connection Focused
Element One-Time Annual
Replacement
Transit $150,000 $26,500
Bike Lockers $9,000 $0
Public Info 5 000
Total $164,000 $26,500
Operating•
$326,593
$0
1 000
$327,593
10
<r.~
Attachment D
Proposed Burlingame Transit Route
To East End
Ta Centermial
Truscon Country Inn Buttermilk
A BC
Main Street ~ Roundabout /Kiss & Ride
MAA
easonal/
To Cemetery Lane - Maroon
Creek Club
Attachment E
Mobility Plan Options --Cost Summaries
Option 1 -- Recommended Plan
Element
Transit
On-Demand
Carshare
Allowance
Public Info
Total
One-Time
$ 990,000
$ -
$ 48,000
$ 97,000
$ 5.000
$ 1,140,000
Replacement
$ 61,000
$ -
$ 10,400
$ 25,000
$ 96,400
Annual Operating
Option 2 --Enhanced Transit (peak /non-peak) Plan
Element
Transit
Carshare
Public Info
Total
One-Time
$ 990,000
$ 48,000
$ 5.000
S 1,043,000
Replacement
$ 61,000
$ 10,400
$
$ 71,400
$ 450,196*
$ 46,000
$ 30,000
$ -
$ 2.000
$ 528,196
Annual Operating
$ 676,818"
$ 30,000
$ 2.000
$ 708,818
Option 2 -- Enhanced Transit (30 minute) Plan
Element
Transit
Carshare
Public Info
Total
One-Time
$ 990,000
$ 48,000
$ 5.000
$ 1,043,000
Replacement
$ 61,000
$ 10,400
$ -
$ 71,400
Annual Operating
$ 1,040,694"`
$ 30,000
$ 2.000
$ 1,072,694
Option 3 --Connection Focused Plan
Element
Transit
Bike Lockers
Public Info
Total
One-Time
$ 150,000
$ 9,000
$ 5.000
$ 164,000
Replacement
$ 26,500
$ -
$ ~ 26,500
Operating
$ 326,593
$ -
$ 1.000
$ 327,593
*This cost includes $20; 000 to provide transit service to the AABC. This $20,000 cannot be attributed to the development
ojBurlingame Village:
**This cost includes $32, 000 !o provide transit service [o the AABC. This $32, 000 cannot be attributed to the development
ojBurlingame Village.
***This cost includes $46,000 to provide trans!! service to [he AABC. This $46,000 cannot be attributed to the
development ojBurlingame Village.
12
Preparing the Burlingame Village & Bar/X Ranch Annexation
Impact Report...
Burlingame Village Affordable Housing Assumptions:
280 units of AH housing ~ ~ ~ s~ ~ ~ ~~ ~
2+/- miles new road, curb, gutter, sidewalk trails ~ ~
2-5 bus stops C"`"''""~"'~~~-e"fi
public water & sanitation utilities / ~ S~'``~
fire hydrant & related infrastructure
storm water management facilities
public recreational amenities (currently no "public recreation programming" is allowed
on any playing field-this may change)
The populatiomaccommodated by this development (many likely to be intra-city
transplants) is expected to be azound 895. „~
~.
No Dogs, cats allowed
~l
Public services expected to serve the development-admin., police, com dev, utility
~~~~.rr,, billing, finance, animal control, etc.
w~ ~ ~n~~ S'~/w~wA,~~-
Bar/X Ranch Free Market Development Assumptions:
12 free market units (7,500-10,000 sq. fr.)
12 accessory dwelling units (600-1000 sq. ft.)
1 Ranch Manager's Dwelling-3,000 sq. ft.
1 Cabin 1,500 sq. ft accessed by funicular or stairway-city released of emergency
4 units currently on Fathering Parcel (size can be increased and split between the 4 units
can go up to 15,000, if one goes over 4,000 an ADU is required).
Cultural facility meeting space, teaching space, teacher residehces, possible meeting
space/auditorium (size and density unknown-private/non-profit limitations)
Private roads
Public water, sanitation, utilities and services
Connected to city storm water system
No Dogs (except if for ranching purposes), cats allowed
Cattle grazing
Public services expected to serve the development-admin.; police, com dev, utility
billing, finance, animal control, eta
C
S~ 1 ~/ s 1/n;-,
cam' 'r~-~
~~~ ~~
October 26, 2004
Paul Mentor
City of Aspen
Aspen, Colorado 81611
Dear Paul:
J~~-
~~ .
~~
~~~°~ ~~
es~~`/"~
6 J ~h t~ , ~'7Y~
Our office has been approached to draft an Impact Statement regarding the pending Burlingame project.
Frankly, we are unsure how to quantify the issue, given that we provide emergency service to '87 square
miles of Aspen and Pitkin County. With the understanding that the need for fire department response is
unpredictable, it is an awkward task to speak in terms of additional miles traveled or hours spent.
None the less, the reality of adding 1,000 residents and 300 homes does impact our planning focthe future.
We are curcently struggling to compensate for the ongoing development in what our attorney ctills "North
Aspen." Highlands Village, the hospital, the schools, Five Trees, Tiehack, Ttvscott Place, SazdylField, the
AABC, and the North Forty project all testify that the development in the general area North of Castle Creek
is ongoing and significant. Burlingame exacerbates this condition.
Additionally, the traffic congestion routinely generated at the S-curves/Round-about bottleneck i4 seriously
degrading our ability to provide timely emergency service from a single, central, fire station "in-town."
Therefore, we are working to develop a substation in the vicinity of the AABC, immediately t~djacent to
Hwy. 82, in order to compensate for the increased risk brought on by developments such as Burlingame and
the deteriorating response brought on by stalled traffic. It is worth mentioning that this is causing a major
revision to our thinking about the "in-town" headquarters station, along with adown-sizing of strategic funds
planned for its construction.
What portion of this project is assignable to Burlingame? We're not sure at this point. We do kngw that the
Strategic Financial Ptan we are drafting to support the substation concept will include approximately three
million dollars for land acquisition and station construction. Beyond that, perhaps specific questions from
your office could provide a methodology for analysis.
If we had to define a reasonable accommodation by the Burlingame Project to the Aspen Fire :Protection
District, we think it would involve the potential for a future Aspen Fire Protection District housinl; program.
We suspect it could be very helpful at some point in the future to be able to support our firefighteits and our
Fire District with housing tied to service.
Sincerely,
... ~~
Darryl Grob
Aspen Fire Chief
~.
Ed Van Walraven _'
Aspen Fire Marshal
~ w
e
City of Aspen
Annexation Impact Report
lJ
BARIX Ranch Annexation
r. ~ d y~; ~ ~,r.~.. 6..
BAR/X Ranch Boundary
Proposed for Annexation
-' --
Current City Boundary 1
-,~ +~
n \ ~ I
\'`.~ - L
,' a~~ ~ Maroon
~ Creek
~; y, ; ; Club
Buttermilk Ski Area
~ r n
~- ;
' BAR/X Ranch
Annexation Area
1600 0 1000 Feet
~'
Cemetery Lane
Nelghborhootl
,~
~; ~ ~4r
~~. ~ ~,
~~-,,
~~ ~
r~` ~
Prepared By:
Aspen Community Development Department
Submitted to:
Pitkin County Board of County Commissioners
June 22, 2001
,~-,
Table of Contents
,,.,
...y
OVERVIEW 3
MUNICIPAL SERVICES TO BE PROVIDED 5
CITY DEPARTMENT IMPACTS 6
OTHER AGENCYIMPACTS 11
EFFECT UPON PUBLIC SCHOOL DISTRICT SYSTEM (RE1) 13
EXISTING AND POTENTIAL ZONING DISTRICTS 14
ATTACHMENTS 15
2
...'
OVERVIEW `-~~~
The City of Aspen is consi Bring annexation of approximately,_acres known as the
/Aspen Valley Hospital. T e land is located south and west of the confluence of Maroon
Creek River and the aring Fork River. The land has been primarily used for
agricultural and eatEe purposes, although such operations have lessened in the past
fewyears:-The property is currently accessed from New Stage and Old Stage roads.
(Please see map, attachment "A.")
A pre-annexation agreement between the City of Aspen and BAR/X Ranch LLC was
approved pursuant to a municipal vote and describes a potential development plan
including market-rate housing, affordable housing, limited ranch uses, and preservation
of land as open space. The agreement contemplates a joint project between the City of
Aspen-owned Burlingame Ranch and the BAR/X Ranch, subject property of this
annexation report. The Agreement is included as Attachment "B."
BAR/X Ranch Property
Information
Acres 141.74
S uare Miles .22
Because the majority of the combined project is proposed on BAR/X Ranch property
and because the two properties are linked by virtue of the pre-annexation agreement,
this annexation report contemplates the entire development scenario described in the
pre-annexation agreement.
The potential development consists of two components: the "Private Sector" component
consists of 12 new free market lots, a fathering parcel to contain 5 residences, and a
ranch managers house deed restricted to Resident Occupancy Guidelines of the
Aspen/Pitkin County Housing Authority. This private sector component has recently
been submitted for conceptual planning approval and is more fully described in
attachment "C."
The remaining component, "Burlingame Village," consists of 225 residential units deed
restricted to the Affordable Housing Guidelines of the Aspen/Pitkin County Housing
Authority. This number may not be exceeded according to the pre-annexation
agreement. This component has been the subject of an ongoing planning process with
a citizen task force, known as the "Burlingame Village COWOP." Initial findings of this
task force have been summarized in attachment "D."
3
Units & Peak
Market
Mkt. Single Family
Mkt. Accessory
ing Units
Ranch Manager unit
Housing
30% Single Family
10% Carriage House
30% Attached Units (2
Attached Units (3
17
12
67
68
23
59.5
18
3.5
238
34.5
167.5
201
Notes:
• The affordable housing unit counts are based on the preliminary finding of the
Burlingame COWOP task force contained in the "Burlingame Ranch Affordable
Housing Land Use and Development Plan," dated May 15, 2001. The Final unit
mix may be influenced by the final site design for Burlingame Village. Financial
realities may also suggest modification of these unit counts.
• Multipliers of 3.5 residents per single-family home, 1.5 residents per carriage
house and accessory dwelling unit, 2.5 residents per 2 bedroom unit, and 3
residents per 3 bedroom attached unit were used for the purpose of estimating
occupancy.
• Accessory dwelling units are required for the 12 new free-market lots unless a
Pitkin County TDR is extinguished. The remaining free-market lots may have an
ADU. For estimating purposes, 12 ADUs were assumed.
4
MUNICIPAL SERVICES TO BE ~'~~~
PROVIDED TO ANNEXATION AREA
If the City of Aspen decides to annex the BAR/X Ranch property the City will provide to
the annexation area all municipal services normally performed by the City or provided to
other parts of the City. These services might include: police/law enforcement services,
water utilities, trail maintenance, municipal administrative services such as planning and
zoning, and parks/recreation facility access.
Infrastructure and services required to support development but not specifically
provided by the City of Aspen are expected to be provided to this property by outside
agencies and service providers. Those services are expected to include Aspen
Consolidated Sanitation District sanitary sewer, electricity by Holy Cross Electric
Association, natural gas by Rocky Mountain Natural Gas, telephone service by U.S.
West Communications and TCI cable. Capital infrastructure to convey these services
will be at the sole cost of the developer. Ongoing services will be administered by these
outside agencies at the sole cost of the residents.
The annexation area is located within the Aspen Fire Protection District, and fire
suppression is by the Aspen Volunteer Fire Department. The RE 1 Aspen School
District will serve the school aged children within the annexed area. All roads within the
potential Annexation Area will be developed at the sole cost of the developer. The City
of Aspen shall reserve the right to accept maintenance responsibilities for some or all of
these roads.
Following are more detailed analyses of the services necessary for the combined
development.
5
f~~
/"\
CITY DEPARTMENT IMPACTS
General
The project is not sufficiently defined to enable the City Finance Department to estimate
specific effects upon the City's overall budget. For this level of analysis, property values
and the exact assets requiring maintenance would be needed. Likewise, many of the
project's potential elements that would affect general fund expenditures are not known
at this time. A financial analysis of the City's general funds has, therefore, not been
developed. This section includes impact estimates for various Departments of the City
and of outside agencies.
Many of the fundamental maintenance services that would normally accompany a
residential subdivision are expected to be provided by the subdivision residents through
homeowners' dues. These services include general on-site maintenance requirements
such as snow plowing and landscaping and have not been analyzed herein.
The City of Aspen may elect to accept maintenance responsibilities for infrastructure
serving the project. This could include maintenance of open space areas, public parks,
and collector streets. Although it is premature to speculate the impact these
maintenance requirements may have upon the City, the primary roads serving the
project are the most likely to be dedicated to the City for which further analysis is
provided.
6
~~
Police
The Burlingame + BAR/X Ranch development would have impacts on the Aspen Police
Department. The project is not expected to have a commercial component, which
reduces impacts associated with other recent large annexations. The following
analysis is based upon national standards and upon the current level of service on an
extrapolated officer-per-capita basis. Actual staffing needs may differ as certain
efficiencies may be realized for actual service.
Based on Current Level of Service-Permanent Residence
Based on National Standard- Peak Population
Based on Current Level of Service-Peak Population
7
Notes: 1 Based on National Standard- Permanent Residence
..., ..•
,.. -„~
Aspen/Pitkin County Housing Authority
APCHA increased staff with the addition of one project manager for this project. This
position is not exclusive to this project. This impact was expected, budgeted, and has
been accommodated. The Housing Authority is currently in need of an additional unit
sales administrator although insufficient office space has prevented hiring this additional
staff member. The impact of administering additional sales could be accommodated
with the existing staff, assuming the currently needed staff position is filled. Not filling
this position would create significant difficulty in providing customer service. Depending
upon the staging of the project and the rate at which units are completed, temporary
assistance in administering unit sales could be useful.
It should also be noted that Affordable Housing Real Estate Transfer Tax (HRETT)
revenues from the project would augment the Housing Authority budget. HRETT is
calculated by reducing the sales price by $100,000 and multiplying the remainder by
1%.
Mkt. Single
17 4,000,000
Mkt. Accessory
:fling Units 12 0
Ranch Manager
Iffordab/e Housing
0% Single Family 68 220,000 81
0% Carriage House 23 120,000 4
0% Attached Units (2
edroom) 67 175,000 5C
0% Attached Units (3
Engineering
During the development and implementation phase of improvements, the Department
will be required to inspect all site improvements and conduct Right-of-Way inspections.
The estimated level of work performed during this construction phase could require one
half-time Engineering Technician. Approximately 40% of the Engineering Technician's
time will be required to insure conformity with safety performance standards for the
constructed improvements.
8
Water
,.
The Burlingame + BAR/X project is within the City's water service area. The Pre-
annexation agreement includes a Water Service Agreement for the BAR/X Ranch. This
agreement addresses costs of supplying infrastructure and the conveyance of water
rights. No construction costs have been developed for the project that can be used for
analyzing the potential public costs at this time.
The City of Aspen will oversee all infrastructure maintenance, service, and operation of
the water system. Costs associated with these ongoing services are expected to be
offset with utility billing.
Streets
Streets within the affordable housing and free-market portions of the development are
expected to remain in private ownership and maintenance. It is likely that, after
construction, the primary roads serving the development will be dedicated to the public
and become an ongoing maintenance requirement of the City. Although the exact
alignment of these roads has not been determined, roughly 6,000 linear feet of roadway
would be necessary to access the primary development areas. Internal road systems
and driveways will also be necessary.
The development of a signalized intersection on State Highway 82 is also a requirement
of this project according to a settlement agreement with the Maroon Creek Club. The
Burlingame COWOP Task Force has identified preferences for this intersection and the
manner in which roads should access development areas (see Burlingame Ranch
Affordable Housing Land Use and Development Plan, Transportation section). This is a
project cost for which no information concerning financial impact has been provided.
Some funding for the highway intersection may be available from the Colorado
Department of Transportation.
An additional snow plowing requirement may represent a threshold for the City's current
plowing infrastructure. The City's snowplow routes are currently 9 - 10 hours long (i.e.
already in overtime mode as standard operation). An increase in plowing could require
the purchase of a new plow and staff to operate it. Approximately $42K/year for the
personnel and $220K one time for the plow (plows are on a 7-year replacement
schedule).
'~ Community Development
The Community Development Department has already experienced an increase in
workload for the planning of this project. A "Housing Planner" position was budgeted
and has not been filled at the request of City Council. This additional impact is
expected to continue through the planning process for the project.
~-.
..,
-F~
~,.
Zoning review for the project will be substantial and may require the use of contract
labor. Building permit review will be substantial and can be accommodated with the
recently budgeted "Housing plans inspector." Depending upon the staging of the project
and the season in which the project is submitted, some contract labor may be
necessary. Contact labor is routinely used and is normally offset with permit fees, which
may not be required for this project. Development inspection service will also be
substantially impacted. Depending upon the staging of the project, an additional
dedicated field inspector may be needed for the project.
Ongoing zoning enforcement, individual planning amendments, and remodels will have
continuous impacts upon the Department. Enforcement of the W ildlife Protection
Ordinance will also require additional resources of the City Environmental Health
Department.
Parks
The chart reflects park and trail needs based on level of service standards established
in 1987 with the park impact fee methodology. It is premature to consider how possible
recreational facilities within the project may mitigate these impacts.
Parks and Trails
~ Market
Mkt. Single Family 17 59.5 1.19 803.25
Mkt. Accessory Dwelling 12 18 0.36 243
s
Ranch Manager unit 1 3.5 0.07 47.25
a61e Housing
Family 68 238 4.76 3213
le House 23 34.5 0.69 465.75
;d Units (2 bed) 67 167.5 3.35 2261.25
;d Units (3 bed) 67 201 4.02 2713.5
Note: Based upon current ratios which exceed national averages
Development of the project itself will require administrative tasks to ensure proper
landscaping, restoration, and any bonded obligations. The project may increase
maintenance requirements of the Parks Department with regard to trails.
10
.-,, -~,
w ,.,.
OTHER AGENCY IMPACTS
While the City may not directly finance these departments' services, they are added to
demonstrate some additional impacts of this subdivisions development to the residents
of the up-valley community.
Aspen Volunteer Fire Department
The property currently resides within the Aspen Fire District. The area will be attached
to city water and it is expected, by the Fire Chief, that all buildings will be equipped with
fire suppression devices. This largely reduces the potential need for emergency event
response. According to the Fire Chief, the Fire District does not expect this project to
require additional staffing or capital infrastructure.
New Protect
Current Number of Unit served b District' Units Percent Increase
5,941 255 4.29%
Considers Highlands Village complete
Holy Cross Electric
Due to the complicated array of existing line systems and other improvements taking
place to core electric system infrastructure, determining specific impacts is difficult.
Currently, the Aspen Substation is capable of handling approximately 75 megawatts
and current peak draw is approximately 60-65 megawatts. The Highlands Village
project is expected to draw and additional 8-12 megawatts at build-out. Burlingame +
BAR/X may require an additional 1-4 megawatts.
While the development of Burlingame + BAR/X may not be directly responsible for the
addition or upgrade of an Upvalley electrical substation we can assume that its build-out
will accelerate system upgrades.
11
d'
Library
1-.
The Pitkin County Library is not maintained nor funded by the City of Aspen. The library
is contemplating a10,000 square foot expansion in addition to the recent mezzanine
level expahsion. Based upon a purely quantitative extrapolation, number of volumes
per capita, the Library will find need for approximately 4,108 additional volumes.
Market
Mkt. Single 17 59.5 338.56
lily
Mkt. Accessory 12 18 102.42
;fling Units
Ranch Manager 1 3.5 19.92
able Housing
Family 68 238 1354.22
~e House 23 34.5 196.31
sd Units (2 67 167.5 953.08
sd Units (3 67 201 1143.69
12
r
..
r~
~,
EFFECT OF ANNEXATION UPON THE LOCAL PUBLIC
SCHOOL DISTRICT SYSTEM (RE1)
Children of school age residing within the Annexation Area would attend schools
provided by the Aspen School District RE1. In 1995 both the City and the County
adopted conformed ordinances with respect to school land dedication standards.
Projections in the table represent student generation numbers as determined by the
RE1 School District and City of Aspen Municipal Code. Required capital will be
captured through fees at the time of building permit issuance.
lle Family (5 bed) 17.00 20.23 21,030.77 0.48 2.02
Dwelling Units (1
I 12.00 0.60 0.00 0.00 0.06
Ranch Mngr. (4
1 1.00 1.04 1,080.29 0.02 0.10
~rdable Housing
lle Family (4 bed) 68.00 70.72 73,459.58 1.69 7.07
ched Units (3 Bed) 67.00 45.56 47,280.02 1.09 4.56
ched Units (2 Bed) 67.00 26.80 27,725.94 0.64 2.68
~iage House (1 bed) 23.00 1.15 1,202.26 0.03 0.12
13
~e., A_
~i ~.~
EXISTING AND POTENTIAL ZONING DISTRICTS ,,'~,a
The existing zoning within the Annexation Area is Pitkin County AFR-2 (one residence
per two acres). Within 90 days of Annexation, the City must assign the property zoning.
The City anticipates adopting zoning compatible with the land use parameters
established by a Final PUD Development Plan for the property. This may require the
use of zoning overlays to accommodate and limit the land uses and intensities to those
represented in the pre-annexation agreement.
In the event a Final PUD Development Plan is not adopted within 90 days of final
annexation, the City anticipates zoning the property consistent as practical with the
Pitkin County zoning. This would result in zoning the property Rural Residential (RR).
This RR zoning allows for one residence per two acres and is the most similar zoning to
the County's AFR-2 zoning. Variations to the zoning may occur through the public
hearing process and City Council reserves the right to assign this property to any of the
City's zone districts.
14
~.. .~.
ATTACHMENTS:
A CITY OF ASPEN PRESENT AND PROPOSED BOUNDARY
B BAR/X RANCH PRE-ANNEXATION AGREEMENT
C BAR/X RANCH PROPOSED DEVELOPMENT PLAN
D BURLINGAME RANCH PROPOSED LAND USE AND DEVELOPMENT PLAN
15
A ~
4 ...I
MEMORANDUM
To: Pitkin County Board of County Commissioners
v~~
From: Joyce A. Allgaier, Interim Director of Community Development
Date: October 25, 2004
Re: Burlingame Ranch, Bar/X Ranch, Park Trust Exemption (Parcel 2)
Annexation Impact Report
Attached is a copy of the City of Aspen Annexation Impact Report for the properties
known as Burlingame Ranch, Bar/X Ranch and the Park Trust Exemption Parcel 2 (aka.
AVLT). These parcels are proposed for annexation into the City of Aspen from Pitkin
County on November22, 2004.
This memorandum serves as the official transmittal of this document to the board of
county commissioners as required under CRS 31-12-108.5. This report,is intended to
meet the minimum requirements as put forth in the statute.
• o
City of Aspen
Annexation Impact Report
Burlingame Ranch
Bar/X Ranch
Park Trust Exemption (Parcel 2) Annexation
Prepared By:
Aspen Community Development Department
Submitted to:
Pitl~in County Board of County Commissioners
October 25, 2004
i""~
\:, r
Table of Contents
Page
1. .Overview 3
2. Municipal Services to be Provided for the Annexation Area 5
3. Financing of Municipal Services for the Annexation Area 6
4. Existing and Proposed Zoning within the Annexation Area 7
5. Effect of Annexation upon the Local Public School District System 8
6. List of Maps/Attachments
9
2
a„/
1. Overview
The City of Aspen is considering the annexation of approximately 173.9 acres of land
generally known as Burlingame Ranch-Bar/X-Park Trust (29.4 acres of which is Parcel 2
of the Park Trust Exemption Map, aka, the AVLT land). The land is located south and
west of the confluence of Maroon Creek River and the Roaring Fork River and is
accessed from Harmony Road and Old Stage Road. The land has been historically used
for agricultural purposes and contains appurtenant barns, out buildings and residential
structures. The agricultural uses have lessened in the past few years, but some of the land
will remain in use for cattle ranching. Parts of the land are owned by both the City of
Aspen and Bar/X Ranch LLC. A map of the subject property is included as Attachment
«A„
A pre-annexation agreement between the City of Aspen and Bar/X Ranch LLC was
approved pursuant to a municipal vote and describes a potential development plan
including market-rate housing, affordable housing limited ranch uses, cultural facility
uses, and preservation of land as open space. The Agreement is included as Attachment
«B„
Burlingame Ranch Property Information
Acres 173.9
Square Miles .27
The general vicinity of the annexation area is developed with a variety of uses. To the
west are the MAA and Maroon Creek affordable housing neighborhoods, as well as
Highway 82 and the Aspen-Pitkin County Airport. To the north is the Aspen Airport
Business Center accommodating a variety of commercial, light industrial, office and
residential uses. To the east are located light density residential uses and to the south is
found the Maroon Creek Club residential uses, golf course and athletic clubhouse.
This annexation report contemplates a development scenario that does not exceed the
limitations put forth in the pre-annexation agreement of 330 affordable housing units plus
additional free market units. To the extent possible at this time and without the benefit of
final land use approvals in place, the following paragraphs describe the development
scenarios contemplated for the subject property.
The potential development consists of two components: the "private sector" component
consists of 12 new free market lots with a potential for 12 associated ADUs, a fathering
parcel to contain 5 residences, and a ranch manager's house deed restricted to Resident
Occupancy Guidelines of the Aspen/Pitkin County Housing Authority. This private
sector component has recently been submitted for final planning approval and is available
for full review in the Community Development Offices of the City of Aspen.
3
.~q P'M,
aN/ \./
The remaining component of around 25 acres is called, "Burlingame Village," and the
plan is for around 290 residential units to be deed restricted to the Affordable Housing
Guidelines of the Aspen/Pitkin County Housing Authority. (In accordance with the pre-
annexation agreement, the number of units may not exceed 330.) The City of Aspen
would become the owners of this property through the agreement with the Bar/X Ranch
owners. This component has been the subject of an ongoing planning process with a
citizen task force, known as the "Burlingame Village COWOP." Following the creation
of findings by this task force, the City of Aspen proceeded to conduct adesign-build
competition to take the development through its planning phases, and all the way through
development of at least one phase of the development. A summary of the COWOP Task
Force Team is contained in Attachment "C".
This report is prepared pursuant to Title 31-12-108.5, Annexation Impact Report, of the
Colorado Revised Statutes.
4
.~.
....,
~,.~~
2. Municipal Services to be Provided to the Annexation Area
The City of Aspen will provide the annexation area with municipal services normally
performed by the city or provided to other parts of the city, from such departments as
Streets, Water, Environmental Health, Community Development, Parks and Recreation
and other administrative divisions of the city. Aspen Consolidated Sanitation District
sanitary sewer, Holy Cross Electric Association, KM Natural Gas, Qwest
Communications, and Comcast will serve the annexation area. Law enforcement will be
provided by the City of Aspen Police Department. The annexation area is located within
the Aspen Fire Protection District, and fire suppression will be served by the Aspen
Volunteer Fire Department. To the extent available at this time, the existing and
proposed utilities are shown on maps contained within Attachment "B", the pre-
annexation agreement.
It is likely that the homeowner's association(s) will be responsible for providing certain
services to the development(s) such as storm water facility maintenance; park and
playground maintenance and other amenities for the purposes of the residents. Old Stage
Road, serving the free-market development, is planned to be a private road with
continued access to the existing properties it serves and to be maintained by the
homeowner's association.
In accordance with the pre-annexation agreement, certain utilities will be designed and
provided to the annexation area by the City of Aspen and some by the Bar/X Ranch
development.
s
~_
3. Financing of Municipal Services for the Annexation Area
Municipal services are anticipated to be financed through the expansion, due to
annexation, of existing sources of revenue, including property taxes, real estate transfer
tax and user fees. Additional property taxes and real estate transfer taxes will be
generated by the initial and ongoing sale of both deed restricted and free market housing
located with the subject area. It is unlikely that there will be any significant increase in
sales tax generation. Water and electric services will be provided for through fees for
service and impact fees.
6
L ,s
r
4. Existing and Proposed Zoning within the Annexation Area
The existing zoning within the annexation area consists of AFR-Z/PUD, Agriculture,
Forestry, Residential (Planned Unit Development) zoning under the Pitkin County Land
Use Code. Within 90 drys of annexation, the City of Aspen must establish the zoning for
newly annexed land. In anticipation of the development set out in the pre-annexation
agreement, the property is slated to be zoned AH/PUD, Affordable Housing/Planned Unit
Development, allowing for the development of both affordable and free-market housing.
The general vicinity of the proposed annexation area is zoned AFR-2, Conservation and
Multi-Family Residential. One portion of the property is anticipated for cultural uses
associated with public and private non-profit and would be zoned Public (PUB) to allow
for these uses.
7
I"a..
\Y:....
r
5. Effect of Annexation upon the Local Public School District System
School aged children residing within the proposed annexation area would have attended
schools provided by the Aspen School District RE-1 whether not that area was in the City
of Aspen or Pitkin County. For this reason, the annexation itself would have no effect on
the mm~ber of sttidents generated, or the capital required or available to educate such
students. hi 1995, both the City and the County adopted conformed ordinances with
respect to school land dedication standards for new development. Impact fees would have
to be paid as part of tuture development of the annexed area. Under the contemplated
development scenario, the following number of students is projected to reside within the
developments. This number of sttidents will not likely be newly generated students in
that some of the residents will already be from within the district. This chart also shows
potential staff needs, however, the number will not be true in that some students will
already be attending the district schools and not generate additional demand on staff.
(Numbers are based on Aspen School District projections.)
' ~, ~ _ ~ Fro,}ectetll,ATe~~ f r ,~
;:~ ,. , E Sttedents ~ vn Pr~i~ee~t:dl~feyv:
Hausmg
Type Number used on S99S-°
Stafffiequirerl
,
~
,{~ ~
b g
of Units
e>r Sebuor } i
asp, ~~tfi,`~tudeuts
3
5~t
?
5
}.p d
(~i
r L _ .; ~,~
~g d.
d
"F' 'x Y
'~ ~
Yl~trbrstriet S~trr"~ ~
r
~-°: ,f"
~.
.
~.... ~ .. ~
,~
Free Market
Single Family (5 bed) 17.00 20 2.02
Ace. Dwelling Units (1
12.00 0.60 0
06
bed) .
RO Ranch Mngr. (4 bed) 1.00 1 0.10
ffordable Housing
Single Family (4 bed) 80.00 83 8
Attached Units (3 Bed) 92.00 61 6
Attached Units (2 Bed) 95.00 _
59 5
Carriage House (l bed) 23.00 2 .12
TOTAL. 320.00 226.60 2:1.30
s
~,,..
w,..
6. Maps/Attachments
~~
~~
Existing and Proposed City Boundary Map-front page of report
Attachment A-Subject Lands to be Annexed
Attachment B-Pre-Annexation Agreement
- Attachment C-Burlineame Ranch Affordable Housine and Develonment Plan
(COWOP Task Force Recommendation)
9
rf ( Ea~ ~.'~G`>~'/1e~~1/ rL ~t icy f~.. f~i+~a.6rs"~ a o ~ 2 ?0 i°x
E)~3i "bs~ I fMl I u ~ ~.h ~t i'. ~zh Y ~ 4i b° c
I .?,~\ ~ 1 I r 7~F /s ~h ti ~u oe b o°
it fv a14'~`" °l. e di ~ , si >j-v``i~~ 3!fi". ~ ~a ~4~~'¥ " ~ my o i°° Fiba
~ /f #. l a I~ Y ~~ k w x I x a i
*, ,~°~t~,t , _ >~,~, >e I Ifr >.~'~~r.~ ~~Y~' YY e~°yz ~~W ~y: ~ J s I 4 ~~
I. ~~'42 °bryil~pA~~U.,VI ) r n'r{JJ~ 71i ~.r IL ~1 ma3r' ~~Ta ~~yY ~~ 8 k3°-k 4Ye ~s ° to °~ < F°2 @
~{ 5 FaLY 'T ~ ~ fi'/C X~ .F`r~71 ~ tS'"°1 rt hh~'~ 'k ~hti o ti Iih 4 ysk~
.Yt i-,j~lt/i ~ ~ I y k i„ 'n '': ~zk E E` Y Z> o u` bo ° ek§b
-~V~+V 1~~~'s '~~~ff ~'t•' bf n#~~'rra rY~VF r,3 VI tyg :~~53 ~`a. ``bi el', b:~': C ~~~z
I s*~ ~'"*ct R-1c~~"`~' gA'~{sr~ '~ s I hYh r~ ;~`3a " •"
'7 .-J~~{.'rll c ~r T~ -f ~' h °b ~ '°~ wrx.~kk ~. ¢~°y
_ ~ f a+ t ~ :~F e)f M A 9a.k.~Ir1 ~1 9 w C.~ ~° g ~°4~ ti~~~ ii° • °p b 44 s
_ u ~~ i~ xr ¢r ~°, - 3 d~ as ~aR b8e~ x I.
1 ~ ~~F~ ~3~pF L< J ~ j i;~N ~~h 3k ~ `hd€M ~Yy e°u r~. oV.
r 88
1 u ~~.~t~i yytit~.,~alr- {3.,. 1)' Q ~_yyyy`~~ t Y^ a,Y~.: w~.~ eo °wp°'b b t ' IR I I
k Ilt ~/0 Iryl I Y~ ~~N4"S #F-;4' I { S x~„ hkY~:h ~.^ F4~~ ~ SVby' O NO I
Ir NNNI¢ y xa~ y I z I.
- ,~' r~2~sr '~/ry~/~l~r`s _. .~"ey~' ) > s. a Sr~~~ x~~~ 'os~~ m ~~ I g~~A~i8 I I~ ~u I I
1 Il SI U ( 4I~.5 ~ ~. _ ~ RJ h^~°~ 4 Iw bFxf I 4>;2\ 41 ~'~ I I
„ ) ~,',~1~ (J 1111 f$ 1 1 ~ ~ _ ~~ k~q~d~ ~~f'~. ~eFA Iw ~ni tj0lo ~ ~ Ih 4a~
C 1 fr ~f pll 1 !~-., II ~r`~ ;i; ^7 ~ ~~ ~4iz'"` yk'~E3 aZw~ Iu ~>o ~ iv~',~~ to ti ` oS
._~ tk w J ~ -. ~ y aE,~ ~'k. ~~ 8oz° a: x axyoy I< o I~x. F8 Iz I
- /1l ~ l." _ " , ~` n~~~n °I ~ t°'' I~ T>esb~ Ia i y ~x¢
T. ~, r ~, ~ ~ -~ 1 f~ ~o~-yy" bC„~ rc~ga 1`J a c 8 a1~' b a`3 z
Y { $ t /S y d a a R b b b \~~ Ix ~ Im
>~!- ~ ~ > $~€ .... ~Y ~a'S k~ ~. ~ 22 ~> 240 ~ .°~ ° 2°z~°
71 V L y,.5-3.. 3~ ~ yg ~o I oa. t o R~ Ip 2 ¢ ° oo >, R
r 'kfJr~ " , ,~I a );, rTr .y."ry+,~~ ~ a3~ ~g~~;~ k'~$~`,~ vy~rF Iy Wm l I~ ~y iw~ x * k .~z~Oi IZ
' t ,y'` ' '~'zJ ~%~~ II~Y,' h ~Cet hs~aa3 ab"ic, y8~~ ~z xF I ~~ xt lo~ ~~ a io~ I` I
rjr~ a I ~ ` 1y 15.'L,f ~"Ha M ~ y gg' ^p3; `yB g5~,~d Y~~Fv ii tp¢ I s <° .2 x " r• e~`x i k i~
y /V i S r t~/,4'~~' 7> '1~~.; 3 :3C4 aCCF ~CC B~' AM~Yh ' ~2~'2 ~G~ cy, @'w Ircb i`~ ti rb. y°b~b i ~ to
~. ,t >~f ~ ~`~~~~h,~t ~.e }~ {' Y ~ N ~ ~.'44s 0 tia:R i tii. Nh IZ R e ° r~.4 Yti2
~ .~ ; K. Y b
~n
:o
' ~ ~ :AL
3 93 N
w ~ a g69h0 I :
° ' ~E F" ~ ~l
o in o~~ef> \4
n~ ~ s 4`' .. ~
/Iy ti
mLL`ry l BL'OL9L 31 gp ICCON _
~T _ J-~ ~ _ r G L ~ ~V. ~ A ~
~m I I' ~ OOMP PHT 1 ~' ^ 90(9L 3.~l LCLC CONJj ( \ ~~
mm I I Cn m F ~!.fx YYYNI
O ml zn ~e p`u~ I k~ ~-' ~'. ~.
F.~
° ~' ~ ~~ ~:~in~ ~~~ I 0k 0~ / ~ I
~' ~ 'u'~ _~_ - - _ ~ woa I "~ ~ ~
~_ 1
O E'so ~1~ I o °~ IW ~ I ¢ry I e~~ `'''
H, : a; q ~~~ ~ mew ~ ~ / ~ ~~~ w
w~
a q 1=, ~' gm$ ^I/~: ai ~ /lo unao r carcK w° I .'~"'
W ~C~O mat ~I m~ s~ ~i~r '~/ (~~~/~`~~ , _\ ~WI //
W N w ~ ~ L a~\ ~~~~/Jjl ~ ~`1 ~
O P~ II1/ ~ ~ p
O E-I O G• [~ N ~~ ml 14 J nY ~ ~J~ 2~y - ~ _ ~ ~ / U
m _
E-+ awv I~ 4 mt; .- I a v
~ ~ (r1 C/j ~ ~ ~ ° ~ m 1 ¢ m ~ ~ / ~ t7
z wcn.. ~c mb ~~~ a I Na // ~~ I mN
X 11] W w ~z I ~~~~- po I z~ ~ , / ~mF
z W E-. ~m q ¢w m mwa I %/~ ~Q~6 vJ
Q ~ ¢ ~ Q, m ~ N .1'. m ¢ I i m ''X m I % / [z] "~ F. O ~j
~ u' .~-
~Zi~ mq a¢~I I xrct I:.'/ ._ Wz4'. UOn
Q ~ x 2U
~a - ~ °~o I/ zoF
Cy ?~ - ^ ffi b ~ ~ --------- I ~~~ I , C5 a z y
~F.~ 1 ~- A '~ [ WGso
fy ~ ~ ~ ~ ~ ~ 7 ~i~~~~ 1 ~ ~~ ti~y U1C
r ` W of ,\ n .99YP 2 M,91, U,Y05-~-0- ~ ~ %~~ ~~ ((~~ ~1 •~n
VN U \ mm - ~~ n gJ./~<,/~. .09' <9Z AI YS.fS.C05 "\ - - --VO ~ \~. /~~ Le~.. V t
~ I ~' -
f I z~mu ~ __- _~~
Sim "'~
Fly m W ~4'am
. ., ~' ~
31i ~g m na o; t A
QI~ ;~m ~ ~ N p~p~
'~~ $m 8 x m ( ~, mom. v ._ e.
~' :p a \ -~~~r~ ~ as
rc~'z z_ z ~.~ ~ -9
tilti < % U
olo ~z~ i~ A-
~~o
x$ %
m /,
oIR /:
~ ,
W
Ah
3w ~+,
C M1'
~= b
4o G
2~
~R °
~T ti
m
~~ 4
~4 ti
eo 2 ~ fie
Y!
~~ Y 3YS[
x ~ a tl ;S
}%4^q
~F O YEgiE
`4 ~ j
F° ~ 3~°Ekt
G yw ~w Y
a ~„ a; x8 's~~,
<~ i ~ ~5 s~~;F
4~ F2' 4~ ~.gtF
N~ 20 00 "bas
~ b~ 44 2R 4„:
~~±± 332
hM1' W~ ~h ~@~3e
4Y4:t
I~ 2' S
1~` .+.~ Tt~F liir431~ ~ 1r~'~~s~ /4,~.:~ ^ 9:
~ ~ ~~~~~a11)I h~~ ~ ~zfr~° ~ a f~J~ ~~' "'~` ~~ ~"'
~ + ~ i~t`~' y ~<) %~ 3-f ~ 4 Ill ~~1i ~ 1-j~jr ~ (t ~~ ~S"s ,
L~4 iJ 5 + i 't J~ r !~ ~ ~+n ca L
~~ as 4 i ~'~
~1 i ~~~~ ~ "~ `~ ~rfi b J~a' ~~'~ i~ ~ I,,, ~"'" , ~i
~{ r a: ,~ i
-r~~gVP1 .>uJ~I~J arc ~r~ ~~~ r n~~ Y$
Jt w~ rat
'~ ~'?' ~,.~' ~^~~ ~ ~ x: ~,~
4 y 6 ~
~ ~[ ~ ~~il r ICI >h?~ r ~ l t~. ! (I1.
I F~ ~ ,
"" r~4:g3++' ~ e y~. ~ r
r
J. . I ~ ~ R
J Y
x
0
F
'z °
e 1 ~-4
~
N
W
6 ~
O
~ w U
~-I
o U o
w
0.Z _
F,OH N
¢ U
w
zC~ v
i~~~
°,~ z~zw
w
z (YI Cawx~
w E-
~ ~~a
~~o
>+
zFz
O o
~~U
O
a
w
C.
a
4
i p Fo
€ E~ ~° ~~~h oo~ ~~ o~ to
R 4 h w
pp e>p O y
~4x ~~~~`yg d~~4 =~h ~4 , IIp
hh e? Woo z~~ po ~ ,Wp ~
h x r y xyy?..`3a <cc~J ow ti~ia I
qh ` R3 WWO ~ p2
~~h ~~~~~~ ha~M Fi~ ~ ~?R w8o~ i
~' a44Y";, a~4ffiN hW~ ; ~~ 'o~ti '
n~~ ._r~~n x~~ >2i W ~W ~ I &pwi2 I
d4 e 3 ~ Y4' `~~w,~l a m2 '~cio ~
s u ~ aa~ ~~xya55 ~~<a~ $oy ~ 4\~ IZ a2y~~ IQ
4 ~`~ Yd~k kWl; ~ iwp ~ ~Qe i i
gg mw W 2i IW 2GO~w
y ~~~ .. ~~d 44~g~ Vk < ~' oR ~ a p go: p
i ~ Yt`~q 4o VpR 0 ~~ y ~b ~,* p
~ +~Eo Sg a3~ h'3~' m~iw " vp i m~ ~E4~ e
3 S". ~ h8g, 8~ h~3,~ o ~~s~ s 20 ~ e~ iW ~pG ~k
3 42 <¢ I <p W2 2
a a~ ~ a~g~9~ "aN~t~ rc as<wa~ ~ i~x ~ aC Imp Iw
g = F • ~ \'~\ ~ hhh 2 J~w I~1~ li i
;<
~
L
o
r
~
__
~ ~
~
~
~ ry __
, B10(9L ~RJ,ILfON
oQ I I _i~O'CO ~
_ W m i i i ~ o~
e
` `"
i
W~ i .p~
m4n z I ~Yyy ~
Wz= ' i
-
- ~~e W
ou= I
~ --- ~~5; - -
~
_<~ ,
~ ' , ~-
~
z ,
o ~
"
~ I ~
~ p'~' )
I/>
.
I
~
~a€ a \h ~
~z ~ 1 2 i
4.
,
.~ .
s, ~ ,
ip
~ d
~ ~ ~
~ ~
~
o ;~ by
~ p
~7 s
~
~
i rvl n'~
~,
g mp
,
~ m
~
7K ~ .UC 0 4'. _
i
-_ _
~h~ 90(9Z 3,tL,2
~g
W a~
ea
m i a
z' ~ ~~
'_ m~
~. m
I Ep
" ?
~
i
N LREEK
a~o~~
_taa
%mnz a
~' -~ A <
is
tY't ~~ ^ .95 Sf L M~91,IG005~-b- -
~ o mm
~ ~
\ J
~o° ~
p~ „ ~„a
F. ~_~ gam
~; ~3~ ~~>
WN m ~Um
am za g a'~`
Up Um
F4 i _^ ~ _
xlx ~
~I~
op Rio
"° "~a
04
Z~Z ~~
,,lo, ,
R~
pN
Wry
W
o~
~~
~2
3p
v~
w
i~
a ii
b Z° W
b tiW w
W 4
2° ~y s,
2 ~'o <
W
hpry h
GW p
<$ b
tip
e y~
w3 p
b FW w
0 gZ 0
N WW a
0 3~' o
i ~ ~$ w
g ip 4
4 <a2i 4
~ ~~ ~
p ¢ ~ 9h
0 w n
i~
~~
~ ry
o ~:n
n
8
w~
~0
2
~~
h~C
p
h
w
~k
yW
I ~o 2a
w~p2
~ W
\
~?\
W
I1~ L
ip '~
i
L I
'
. ~
¢p h
~i ~<~e
C w
~i U:
O
2~p ¢p
F $
o IG
Y
t x
i p
o I
I
F
4J I
<V I
W
i y4
tioe v
I^
~~S ~
NI ,.,-l ,.
n
/~N ml
~. p=o
~ ~ ~
o
a;o
v~ ~ ~=b
Y
w
' I ~N~
~
~W~ ;,
l i /
~
l
i
I i
iA
/
~~ - - -
a °% %~J I
=
~
80„ I /
i ~
~ry
~F~
_am j /
/ Z zSq~
Nna ~ /
m ~ ~
/
N
/
W ^~f-FO
I
5
'' '- z oF°o
~~.~
' /~ .-.
C7 UrnWo
~
~
Z ,,zQ~
~¢qm
r
l ~ W oho
.
o U
S
,
I P,
--
--- O
I
a
A-
~ R
~.
m~
~'y v ~ ° ~
4 ~~
K
U
A-
6
EFFECT OF ANNEXATION UPON THE LOCAL PUBLIC
SCHOOL DISTRICT SYSTEM (RE1)
Children of school age residing within the Annexation Area would attend schools
provided by the Aspen School District RE1. In 1995 both the City and the County
adopted conformed ordinances with respect to school land dedication standards.
Projections in the table represent student generation numbers as determined by the
RE1 School District and City of Aspen Municipal Code. Required capital will be
captured through fees at the time of building permit issuance.
Free Market
Single Family (5 bed)
Acc. Dwelling Units (1
bed)
RO Ranch Mngr. (4
bed)
17.00
12.00
1.00
20.23
0.60
1.04
21,030.77
0.00
1,080.29
0.48
0.00
0.02
2.02
0.06
0.10
Affordable Housing
~3
~'
Single Family (4 bed) 68.00 70.72 73,459.58 1.69 7.07
Attached Units (3 Bed) 67.00 45.56 ~O~ 47,280.02 1.09 4.56 a
Attached Units (2 Bed) 67.00 26.80 5G 27,725.94 0.64 2.68 5
Carriage House (1 bed) 23.00 1.15 I_~``i 1,202.26 0.03 0.12 • i'
,~
`Y~
~ _.~~_ ~_
~
~~ ~4
_
13
.-.
.~..
.~,.r
Note: Due to the combination of alphabetic and numerical identifying of sections, and inconsistencies in the left
indenting, the original document was hard to refer to. Panes ~g S tn.,,. ~~ti ~o ~a ~.,,,.. ~..__ __.____.._ , .
~iwiuue complete section numbering and consistent indents. The content is identical to the executed agreement.
AMENDED AND RESTATED PRE-ANNEXATION AGREEMENT
BAR/X RANCH
THIS AMENDED AND RESTATED PRE-ANNEXATION AGREEMENT ("Agreement") is
entered into and made on January 16, 2004, by and between the City of Aspen, a
Colorado home rule municipal corporation, whose address is 130 South Galena Street,
Aspen, Colorado 81611, hereinafter referred to as the "City"; and Bar~X Ranch LLC, a
Colorado limited liability company, whose address is Go Herbert S. Klein, Esq., 201 N.
Mill St. #203, Aspen, CO. 81611, hereinafter referred to as "Landowner". This
Agreement shall become effective following execution by the Landowner and upon
approval by the City Council of the City of Aspen evidenced by a duly approved
resolution and by the execution of the Agreement by either the City Manager, Mayor, or
Mayor Pro-Tem.
RECITALS AND REPRESENTATIONS
WHEREAS, the Landowner and City have previously entered into aPre-Annexation
Agreement, executed by City on May 21, 2001 (the "Prior Agreement") for the
Landowner's property known as the Bar/X Ranch; and a First Amendment to Pre-
Annexation Agreement dated December 17, 2001 (the "First Amendment") and a
Second Amendment to Pre-Annexation Agreement executed by the City on February 19,
2003 (the "Second Amendment"); and
WHEREAS, City and Landowner desire to combine the Agreement and its First
Amendment and Second Amendment (collectively, the "Prior Agreements") into this
one complete agreement and make further amendments to the Prior Agreements, all to
be incorporated herein and referred to herein as the "Agreement" for the convenience
of the parties which shall supercede the Prior Agreements in their entirety; and
WHEREAS, the Landowner represents that it comprises 100°/, of all owners of a parcel
of land commonly known as the Zoline Ranch, being more particularly described in
Exhibit A appended hereto and incorporated herein by this reference ("Property
Proposed to be Annexed" or "-/X Ranch"); and
WHEREAS, the Property Proposed to be Annexed is more than 1/6 contiguous with the
existing City boundaries and is otherwise eligible to be annexed into the municipal
boundaries of the City in accordance with the Colorado Municipal Annexation Act of
1965, as amended, C.R.S. Sections 31-12-101, et seg.; and
WHEREAS, the City and Landowner believe that it is in the best interests of the citizens
of the City of Aspen and Landowner that the development of portions of the City owned
Burlingame Ranch and the Property Proposed to be Annexed be cooperatively planned
by the parties; and
/~ Preannexation Agreement 29 5
f~ffa.aA~-r+1c•.t R
,•,, ~^.
WHEREAS, the Development Plan described in this Agreement and the rights granted to
the Landowner hereby will assist in the creation of affordable housing, open space and a
reduction in free market residential density below that which would otherwise be likely to
be developed on the -/X Ranch, thus fulfilling high priority goals of the City; and
WHEREAS, Landowner and City desire to annex the Property Proposed to be Annexed
into the municipal boundaries of the City of Aspen on condition that all of the terms and
conditions of this Agreement are met; and.
WHEREAS, the parties hereto desire to submit a joint development proposal and
application to the City's Community Development Department for processing pursuant to
the City's Land Use Code; and
WHEREAS, the parties hereto desire to condition the annexation proposed herein and
the execution of the Development Plan as described herein on the granting of all
requisite land use approvals, following public input and comment, consistent with the
City's Land Use Code; and
WHEREAS, the City is a home rule municipality of the State of Colorado and is
authorized to enter into this Agreement pursuant to C.R.S. Section 31-12-121; and
WHEREAS, the Landowner is, in accordance with C.R.S. Section 31-12-102, legally
capable of submitting a Petition to Annex in a form substantially the same as Exhibit C
appended hereto.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, IT IS
AGREED AS FOLLOWS:
1 The Development Plan
The parties agree that the following description of the proposed land use for portions of
the Landowner owned -/X Ranch and City owned Burlingame Ranch ("The Development
Plan") constitutes the desired result of this Agreement as it sets forth the best land use
for the Property Proposed to be Annexed and in the best interest of the City of Aspen.
The parties believe that the Development Plan as set forth herein is consistent with the
City of Aspen Land Use Code and the Aspen Area Community Plan. In the event
Landowner has obtained Final Plat approval for the Free Market Component (defined
below) prior to the time City has obtained Final Plat Approval for the Affordable Housing
Component (defined below), then, the references in paragraphs 2 e, f and g and
paragraph 19 of this Agreement which refer to the Development Plan shall mean the
Free Market Component of the Development Plan.
1.A Development Plan
The parcel of land to be developed is depicted graphically in Exhibit B appended
hereto and shall consist of the -/X Ranch plus a portion of the Burlingame Ranch
lying East of Highway 82, less the areas of Burlingame Ranch known as Parcel B
(MAA Housing) and Parcels C, and D, the exact size to be determined during
final planning and design phases. A parcel from the -/X Ranch consisting of
29.6 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subtlrvision: rmai auumissiuu
,.~,
approximately 21.5 acres (" 20 Acre Parcel") the exact size and location to be
determined during final planning and design, but substantially in the location as
shown on Exhibit B, shall be conveyed by warranty deed by Landowner to City
following the recording of a subdivision plat for the Free Market Component
(defined below) consistent with the Development Plan as it pertains to the Free
Market Component and upon expiration of the Appeal Period as defined at
Paragraph 20 of this Agreement. City has inspected the acres to be conveyed to
the City and deems them suitable for construction of affordable housing as
contemplated herein. Notwithstanding the foregoing, a small portion of the 20
Acre Parcel which was acquired by Landowner in a quiet title action and which is
described on Exhibit T-A, attached hereto and incorporated herein by this
reference, shall be conveyed without warranty.
1.A.1 Boundary Line Adjustments
1.A.1.a City -Ranch
The parties agree that they will cooperate with each other and quit claim
small strips of land as necessary to establish the boundary between the
Ranch and the Burlingame Ranch as the existing fence line.
1.A.1.b Soldner -Ranch
The neighboring Soldner family has questioned the location of the
common boundary of the Ranch and the Soldner property. If, at the time
of Final Plat recording, the boundary has not been established, by either
the mutual agreement of the Soldners and Landowner or by a court
decree, the Final Plat shall identify the area in dispute and except it from
any warranty of title in the certification of ownership. If the 60 foot right of
way easement which may be required to be conveyed to City pursuant to
paragraph 1.H.f. below, will encroach into the area in dispute, the Final
Plat shall dedicate said right of way outside of the area in dispute,
provided that Landowner shall have the right to relocate the right of way
along the finally determined boundary line, revise its dedication and
amend the Final Plat accordingly. In such event, City agrees to vacate
any portion of the right of way previously dedicated so that it runs along
the finally determined common boundary line. Notwithstanding the
foregoing, if City has made improvements to the right of way prior to the
final determination of the common boundary line and if Landowner
desires to relocate the right of way, Landowner shall be responsible for all
costs of relocation of such improvements. If Landowner does not elect to
relocate the right of way and improvements made therein by City, the
right of way shall remain as shown on the Final Plat.
1.A.2 Lease of 20 Acre Parcel
Subsequent to the conveyance to City of the 20 Acre Parcel and prior to
commencement of development activities on it for the Affordable Housing
Component (defined below), Landowner shall have the right to lease the
20 Acre Parcel from the City for agricultural purposes. The rental amount
shall be at prevailing rates for grazing and crop production land. Any
rreannexanon agreement
29.7
,~-,
such lease shall terminate at such time as City commences development
of the Affordable Housing Component on the 20 Acre Parcel. During the
term of such lease Landowner shall be entitled to use the water rights
appurtenant to the 20 Acre Parcel to maintain its historic irrigation.
1.6 Zoning of Property proposed for Annexation
Subject to all applicable processes and approvals, the parcel of land proposed
for development shall be zoned as follows: Affordable Housing/Planned Unit
Development (AH/PUD) pursuant fo Section 26.710.110 of the Aspen Land Use
Code, as amended from time to time, for most of the land within the Free Market
Lots; zoning for (P) Public zone district uses (with a PUD designation) and a
Specially Planned Area overlay to permit the City Council to consider cultural and
academic activities within the Fathering Parcel (the "Cultural Use Area"); and (C)
Conservation zone district (with a PUD designation) for most of the remaining
land within the Fathering Parcel. A proposed zone district map of the Free Market
Component is attached hereto as Exhibit H -Proposed Zone Districts. The
detailed description of the Cultural Use Area uses and any restrictions or
conditions concerning them shall be determined in the Final Plat land use review
process and any subsequent amendments thereto, in the sole discretion of the
City. It is understood that no high intensity agricultural uses such as hog farms,
feed lots or large-scale animal or food processing operations will be permitted.
The parties acknowledge that the AH/PUD zone district is an incentive zone
district to provide for the use of land for the production of category affordable
housing and resident occupied lots and units (as defined. by the Aspen/Pitkin
County Housing Authority Guidelines). The parties further acknowledge that the
zone district requires that affordable housing and resident occupied units must
comprise at least seventy (70%) percent of the total bedroom mix in the
development (hereinafter the "Affordable Housing Component"). In addition, only
thirty (30%) percent of the development's bedrooms may be located within the
free market units (hereinafter the "Free Market Component").
1.C Development Rights
The Development Plan anticipates and it is of the essence of this Agreement that
the development rights and restrictions set forth below shall be applied for by the
parties herein to the City's Community Development Department pursuant to and
consistent with the standards and procedures set forth in the City's Land Use
Code. In the event that by December 31, 2004, or such later date as may be
mutually agreed upon by the parties hereto, the Aspen City Council does not
approve the requisite land use applications with terms and conditions consistent
with this agreement and other conditions reasonably acceptable to Landowner,
this Pre-annexation Agreement shall be deemed null and void.
1.C.1 Free Market Lots
Landowner shall have the right to develop a total of 12 free market lots,
plus one ranch compound known as Lot F, the Fathering Parcel, and one
cabin by Maroon Creek. The locations of the free market lots, the
Fathering Parcel, and cabin site are shown on Exhibit B appended
hereto. The right to build a cabin shall be subject, however, to Landowner
„a, ..~~,...~_
2g B Bar Slash X Ranch LLC -Annexation an age oa
.~..
`.~
being able to satisfy reasonable requirements for the provision of fire and
emergency services; provided, however that due to the desire to avoid
direct, year round, road access to the cabin, alternative access such as
via a stairway or funicular will be permitted and in such case the cabin
shall be sprinklered, a fire hydrant, hoses and other non-vehicular fire
fighting equipment shall be placed at or near the cabin and the
Landowner shall execute a waiver and release of claims in favor of the
City and all emergency service providers for any injuries, death, or
property damage which may occur due to the absence of a year round
road to the cabin.
1.C.2 Free Market Lots -FAR
The allowable floor area of houses, exclusive of accessory buildings, on
each of the 12 lots shall be 7,500 square feet. The allowable floor area of
each house may be increased to 10,000 square feet with the purchase
and extinguishment of a Transferable Development Right (TDR) from
Pitkin County that may be, on the effective date of this Agreement, used
in the Metro Area of Pitkin County (lands that drain through the Roaring
Fork River at Gerbazedale); provided, however, that the City Council
approves the specific TDR's to be used for this purpose. The floor area
shall be measured by using the City floor area regulations for square
footage inclusions and exclusions as calculated under the City code
provisions in existence on June 1, 2000. A copy of such regulations is
attached hereto at Exhibit I -Floor Area Calculations. In the event that
TDR's are not available for purchase after a reasonable effort is made to
do so, or the City Council rejects a specific TDR proposed for use by the
land owner, a payment-in-lieu, in the amount of $200,000.00 plus an
amount equivalent to any increase in the Consumer Price Index
(hereinafter "CPI") as calculated by the method suggested by Exhibit K
appended hereto, shall be made to the City's Open Space Fund in order
to increase the allowable sizes of the houses up to the maximum stated
herein.
1.C.3 Free Market Lots -sizes, landscaping, etc.
The lot sizes within the Free Market Component shall be as shown on
Exhibit B. Building envelopes and areas of potential disturbance during
construction activity for each parcel shall be detennined during the land
use approval process contemplated herein. All urban landscaping within
the building envelopes shall be IjJnited to within 100 feet of building
exteriors. Landscaping, ponds, fences, and ranch, farming, equestrian
and recreational uses and accessory structures associated with
equestrian activities shall be allowed outside of building envelopes on all
lots. The remainder of the land within specific Lots, but outside of building
envelopes shall be subject to protective covenants that limit its use to
agricultural, equestrian, recreation, or open space uses or otherwise
incorporated into ranch use. All lands that are subject to the protective
covenants shall be limited to the above uses or shall be required to
remain in their natural vegetative state. The term "natural vegetative
/~ ~~~d~n~exaaon,vgreement
~ 29.9
.~,
state" may include the introduction of indigenous plant and tree species.
1.C.4 Free Market Lots -Accessory Dwelling Units
Each house within the Free Market Component, other than the Fathering
Parcel, shall include an Accessory Dwelling Unit (ADU) with a minimum of
600 square feet and a maximum of 1,000 square feet. Each ADU required
to be constructed shall be constructed at the same time as the
construction of the house of the Free Market Component to which it is
attributable. The ADU's shall be subject to the occupancy requirements
and allowances of the City's ADU regulations in effect on June 1, 2000. A
copy of such regulations is attached hereto at Exhibit J -ADU
Regulations. The square footage of the ADU's shall not be included in
the calculation of square footage for the free market units. The ADU's
requirement toabuild antADU may be exempted with hedpurchase and
extinguishment of a Transferable Development Right (TDR) from Pitkin
County that may be, on the effective date of this Agreement, used in the
Metro Area of Pitkin County (lands that drain through the Roaring Fork
River at Gertiazedale), and which are acceptable by the City Council. In
the event that TDR's are not available for purchase after a reasonable
effort is made to do so, or the City Council rejects a specific TDR
proposed for use by the land owner, a payment-in-lieu, in the amount of
$200,000.00 plus an amount equivalent to any increase in the CPI, shall
be made to the City's Housing Fund. (Each purchase and extinguishment
of a TDR shall be designated for use as either an exemption of the
requirement to build an ADU or to increase FAR.)
1.C.5 Free Market Lots: Maroon Creek Viewplane
Construction on the free market lots shall not impact the "Maroon Creek
Viewplane" as depicted on Exhibit B. The purpose of the Maroon Creek
Viewplane is to ensure that no rooms, decks, or lighting create an
adverse visual impact as viewed from the floor of the Maroon Creek
Canyon in the area below each home site. The General Declaration of
Covenants, Conditions and Restrictions to be imposed upon the free
market lots shall include a covenant restriction requiring, prior to
construction on any such lot, a site specific analysis by a certified
surveyor or engineer demonstrating that the proposed construction does
not impact the Maroon Creek Viewplane. The City of Aspen shall be a
beneficiary of this covenant. -
1.C.6 The Fathering Parcel
The. Fathering Parcel shall be permitted to have one main residence, up
to three (3) additional residences and one cabin. The final PUD
Agreement shall contain a provision that prohibits any further subdivision
of the Fathering Parcel, except that the subdivision and separate
parceling of the Cultural Use Area (referred to in paragraph 1.B above)
pa agraph 1rC.12 below) areeperm'tted. The allowable floor area for the
,,,a, ..,..,.....
29.10 Bar Slash X Ranch LLC -Annexation an age oa
residences on the Fathering Parcel shall be a total of 15,000 square feet
for a main residence and up to three (3) other residences. The total FAR
of 15,000 square feet may be increased to a total of 18,000 square feet
with the purchase and extinguishment of two (2) TDR's from Pitkin
County, or at the option of the lot owner, apayment-in-lieu, in the amount
of $200,000.00 for each TDR plus an amount equivalent to any increase
in the CPI per TDR, may be made to the City's Housing Fund or Open
Space Fund (at the discretion of City Council) in order to increase the
allowable sizes of the houses up to the maximum stated herein. The total
FAR may be divided among the four houses at the option of Landowner.
The Cabin located at the Cabin site as shown on Exhibit B, shall have an
allowable floor area of 1,500 square feet. Floor areas shall be measured
by using the City floor area regulations for square footage inclusions and
exclusions as of June 1, 2000. See Exhibit I, attached hereto for Floor
Area regulations. All non-residential ranch buildings shall be excluded in
the calculation of permitted floor area. City acknowledges and agrees
that the rights granted hereby for development on the Fathering Parcel
are exempt from the City's GMOS due to the extent of the lawful pre-
existing development and residential uses on the -/X Ranch, which has
"grandfathered" legal status under current Pitkin County Zoning and
pursuant to the provisions of the AH/PUD Zone. Notwithstanding the
above, if any existing residential unit on the Fathering Parcel is replaced
with a new unit that exceeds 4,000 square feet in area, then, as described
in Section 4 above, an ADU shall be either constructed or be exempted
by the purchase and extinguishment of a TDR from Pitkin County or by
the cash in lieu payment of $200,000.00 plus an amount equivalent to any
increase in the CPI, in the same manner as for other Free Market Units.
1.C.7 Fencing
All fencing in or surrounding the free market lots shall be of a design, type
and material that is approved by the Colorado Division of Wildlife as
consistent with ranch operations and which does not unreasonably
impede the movement of wildlife, except that fencing along Old Stage
Road and fencing between the Free Market Component and the 20 Acre
Parcel may be installed which protects agricultural operations, including,
without limitation, the grazing of cattle and horses, and other land uses,
from interference by trespassers.
1.C.8 The Cabin
The site of the cabin shall be as shown on Exhibit B, which site shall be
subject to Sec. 26.435.040 of the City of Aspen Land Use Code or any
other provisions of said Code related to aesthetics, wildlife migration
corridors, trail development, river impacts and other similar matters. Any
change in the location of the cabin site may require, if applicable, its
development to be reviewed and approved by the Planning & Zoning
Commission pursuant to the standards of review set forth at Section
26.435.040 of the City of Aspen Land Use Code or any other applicable
provisions of said Code related to aesthetics, wildlife migration corridors,
Preannexation Agreement
29.11
,-~ ..,,
river impacts. and other similar matters in effect on the date of this
Agreement. Landowner understands that construction of the cabin may
cause unreasonable disturbance to wildlife during certain times of the
year. Accordingly, Landlord agrees to limit the construction of the cabin to
those periods of time determined to be reasonable by the City during the
land use approval process. Following the construction of the cabin,
Landowner shall be responsible for the complete restoration of any
construction access roads or utility access easements required durng
construction. The lot containing the cabin shall be burdened with
restrictive covenants that (1) if approved by the Fire Marshall pursuant to
paragraph 1C.1 above, prohibit the construction of a future access road to
the cabin site; (2) limit lighting of the cabin to periods of time when it is
occupied; (3) prohibit dogs on the cabin site at all times; and (4) limit
exterior construction to the months of July through September of each
year.
1.C.9 Vested Rights
The land use approvals and GMQS allotments received by Landowner
shall vest for a period of twenty-five (25) years or such longer time as
may be allowed under any applicable law, regulation or court decision.
The vested rights shall last for a period of 25 years after the date the final
PUD and subdivision plat is recorded. Such vesting shall apply to all the
rights and entitlements set forth in this Agreement and the final
development order for the Free Market Component. As a condition of the
annexation of the -/X Ranch, the parties shall enter into a development
agreement that sets forth the requisite findings to support this extension
of vested rights in accordance with CRS 24-68-104(2).
1.C.10 Further Subdivision
Except as permitted by paragraph 1.C.6 above, the Free Market (~
Component, including the Fathering Parcel, shall be deed restricted in
perpetuity against any further subdivision, except that this restriction shall
not limit an amendment to the development plan which results in
residential density that is equal to or less than the density approved under
this Agreement and the final development plan for the -/X Ranch.
1.C.11 Vacation of Stage Road
Stage Road may be a Pitkin County Road. The Cjty, following annexation
of the Bar/X Ranch shall vacate Stage Road east of the eastern
boundary of the Soldner property beyond any area required for the
construction of the access road referenced at Section 1.A.1.b. above;
provided, however, that adequate provisions are made to ensure that
other properties served by Stage Road (Caudill and Harvey properties)
are not financially harmed by any new arrangements for access to their
Properties and that maintenance of the road will be undertaken without
additional cost to the Caudill and Harvey properties at their densities as
they existed on May 21, 2001. Following the vacation of said portion of
Stage Road, non-exclusive easements shall be granted for access and
29.12 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
underground utilities to the Harvey and Caudill properties. The portion of
Stage Road sought to be vacated and the location of the easements to be
granted are illustrated on Exhibit "B" appended hereto.
1.C.12 Ranch Manager's RO Lot
City shall approve one residential lot, zoned AH/PUD, contiguous to
Burlingame Village on land owned by Landowner for a single Resident
Occupied Unit, as shown on Exhibit B ("Ranch Manager's House"). This
lot shall remain the property of Landowner, except if sold to the Ranch
Manager, and shall have the right to connect to (1) the Burlingame Village
public road system, and (2) adjoining Burlingame Village utilities.
Landowner shall have the right to use this lot in any manner allowed by
the City of Aspen Municipal Code and the Aspen/Pitkin County Affordable
Housing Guidelines, including retaining or disposing of title provided that
the lot is occupied by an employee engaged for employment on the -/X
Ranch. Before the recordation of the final Plat, Landowner shall prepare
for the City Attorney's review, a deed restriction consistent with this
paragraph to be recorded for this RO unit. Said RO unit shall not be
counted towards the 330 units proposed as part of the Affordable Housing
Component of the project. The cost of building the RO unit shall be borne
entirely by Landowner, including the cost of any utility lines such as water,
electric, cable, etc.
1.C.13 Water Rights
The Free Market Component, including the Fathering Parcel and
Resident Owned Ranch Manager lot, and the Cabin, shall receive City
water in accordance with the Water Service Agreement appended hereto
as Exhibit F. Among other things, the Water Service Agreement provides
that Landowner shall convey to the City (in a form acceptable to the City
Attorney) certain water rights described on Addendum 1 (the "Dedicated
Water Rights" and the "Dedicated Raw Water Rights.") Such conveyance
shall be a prerequisite to provision of water service pursuant to the Water
Service Agreement. The City and Landowner agree that said water rights
are believed to be sufficient in quantity and quality to allow the City to
divert a quantity of water which is necessary, without administrative
curtailment, to meet the amount of water required for treated water needs
of the Free Market Component, including the Fathering Parcel, Resident
Owned Ranch Manager lot, the Cabin and the raw water requirements
for irrigation of the open space associated with the Affordable Housing
Component, as conditioned and described in further detail in the Water
service Agreement attached hereto. Notwithstanding the foregoing, the
cabin shall have the right to be served by an individual well and if such
well is provided, the water rights otherwise attributable to the Cabin need
not be conveyed to the City, or if they have been conveyed prior to the
time said well is put to beneficial use, then such rights shall be
reconveyed by City to landowner. There shall be no material enlargement
of historic water use on the Property to be Annexed. The parties
acknowledge that there may be reconfiguration of areas irrigated, means
~X Preannexation Agreement 29.13
of irrigation, and water uses.
Landowner shall be solely responsible for obtaining any water rights,
changes of water rights, and augmentation plans necessary to permit
storage of water for any requirements or needs of the Free Market area.
In connection with its conveyance of water rights to the City, Landowner
shall contemporaneously convey to the City (in form mutually acceptable
to the City Attorney and Landowner) a proportionate interest in any
ditches, flumes, headgates or other structures and easements, or rights
therein, necessary to utilize such water rights. Such conveyance shall be
a prerequisite to provision of water service to the Subject Property.
Landowner will also contemporaneously provide to the City all information
in its possession, or available to it, regarding the historic use of said water
rights, including well pumping records, diversion records, irrigation
records, aerial photographs, affidavits, and all other available information
concerning the use of said water rights.
City shall, through the Willow and Herrick Creek Ditch Company or by
other means agreeable to both parties, pay its fair share of operating,
maintenance, management, professional and legal costs associated with
the provision of surface irrigation water to the 20 Acre Parcel through the
Willow Creek Ditch and other distribution ditches.
1.C.14 Transportation Demand Management
The parties hereto understand that it is the intention of each to develop a
project that reduces the use of the automobile. Accordingly, it is the
intention of the parties hereto to consider during the land use approval
process, certain automobile disincentives programs commonly referred to
as Transportation Demand Management systems (TDM's).
1.C.15 Green Construction
The construction of residences within the Free Market Component shall
comply with or exceed the provisions of any ordinances adopted by City
requiring environmentally appropriate construction (also known as "green"
construction) techniques, materials and design, that are generally
applicable throughout the City to all residential construction, as the same
may exist from time to time.
1.D Affordable Housing Development Obligations
The City shall assume all obligations and associated costs to develop the
Affordable Housing Component of the AH/PUD zone district. The Affordable
Housing Component shall be built within the parcel to be conveyed by the
Landowner to the City and within an adjacent area of the Burlingame Ranch. The
affordable housing to be constructed shall be located in the general area within
the acreage as illustrated in Exhibit "B"; the exact location to be determined
during final planning and design. The City agrees that the conveyance of the
acreage by the Landowner to the City and the City's obligation to improve such
10
`' 1
29.14 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
~.
land and plat it into lots, fully satisfies all obligations of the Landowner to provide
the affordable housing necessary to support its Free Market Component
development and that such conveyance and method of satisfying such
obligations fully complies with all applicable City housing and land use
regulations and Aspen/Pitkin County Housing Authority regulations. The
Affordable Housing Component shall be developed at a density of no greater
than 330 units. The parties agree that the City is responsible for constructing the
minimum number of affordable housing bedrooms necessary to comply with the
requirements of the AH/PUD zone district, based upon the 70/30 bedroom ratio.
The City retains the right, in its sole discretion to develop additional units up to
the maximum of 330 units, including the required affordable units referred to
above.
The City's obligation to develop affordable housing units shall include a good
faith effort to develop such units on a schedule commensurate with the
development of free market units by the Landowner. The City shall receive a
Certificate of Occupancy for three (3) affordable housing units at or before the
time each free market tot development receives final building inspections, until
such time as the City has developed the minimum number of affordable housing
required by the AH/PUD zone district. The development of the free market
residential lots shall not be delayed or hindered in any way in the event the City
fails to develop the affordable housing units in accordance with this Agreement.
1.E Conservation Easements on Burlingame Ranch
1.E.1 City shall place conservation easements to the benefit of the City
and the Aspen Valley Land Trust or other similar organization that prohibit
further residential development on all of the Burlingame Ranch east of
State Highway 82, except the Development Parcel, Parcel B (the MAA
housing project), Parcels C and D (US West and Ventnor Avenue
Housing projects) and a 150 foot wide strip or to the toe of the slope
(whichever is wider) of the Burlingame Ranch which adjoins highway 82.
The conservation easement shall protect open space values and its terms
shall be determined during the land use approval process for the
Affordable Housing Component. Exhibit B to this Agreement is hereby
amended by the exclusion of the Back Bowl from the "New Conservation
Area" shown thereon.
1.E.2 Conservation Easements -Additional Beneficiary
The consent of the owner of the Fathering Parcel shall be required for any
amendment to the conservation easements placed on the Burlingame
Ranch by the City as contemplated by paragraph 1 E.1 above, which
changes the allowed use of the areas as permitted in the conservation
easements. Landowner shall be named as a beneficiary of these
conservation easements in order to exercise such rights.
1.F Dogs
In order to protect wildlife, ranch cattle, horses and other livestock from
11
~V Preannexation Agreement 29.15
.-,
,~.
harassment, the General Declarations of Covenants, Conditions and Restrictions
to be imposed on both the Free Market and Affordable Housing Components
shall include provisions and penalties that prohibit dog ownership (other than
farm dogs belonging to owners or employees of the Fathering Parcel and
specially trained service dogs for use by visually impaired persons or persons
with other medical needs.) The respective homeowners associations shall be
required through appropriate covenants to vigorously enforce these restrictions.
No dogs shall be allowed on the cabin site, including dogs belonging to the
owners of the Fathering Parcel.
1.G Parks and Play Fields
City may construct play fields, including without limitation, baseball or soccer
fields, within the land conveyed by Landowner to City. The City shall neither
include any such fields as part of the City's recreation program nor shall the City
schedule any organized activities of the City on these fields. Members of the
homeowners association shall convey title to any such fields to the homeowners
association of the Affordable Housing Component with appropriate covenants
ensuring maintenance and enforcement of regulations for their use.
1.H Joint Planning of the Property proposed to be Annexed
The parties recognize that, notwithstanding their understanding regarding the
development proposal and potential affordable housing obligations set forth
above, additional planning and design will be required before final land use
applications can be submitted to the City's Community Development Department.
The parties hereto agree to cooperatively and jointly plan and design the
development of the Affordable Housing and Free Market Components of the
Property Proposed to be Annexed in a manner consistent with this Agreement
and the exhibits appended hereto. The parties further agree that they will perform
their obligations under this agreement in a timely fashion.
1.H.a City's Costs
The City shall be responsible for the cost of filing fees and preparing all
documents and applications for the following:
Pre-annexation Agreement
Annexation Petition and Plat
Rezoning Application for initial AH/PUD designations and
zoning code amendments
1.H.b Joint Costs
The City and Landowner shall be jointly responsible for the cost of
obtaining any site-specific development plan approvals. The City shall be
responsible for those costs directly attributable to the Affordable Housing
Component, and Landowner shall be responsible for those costs directly
attributable to the Free Market Component, including the Fathering
Parcel. Where costs are incurred for items that are attributable to both
components and cannot be directly apportioned to one or the other, the
costs shall be apportioned on an equal (50/50) basis.
12
~~~~
29.16 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
~..
1.H.b.1 Notwithstanding the foregoing, Landowner shall have the
right to process its development applications (including all related
annexation, rezoning and land use applications) for the Free
Market Component, separately from and before the City
processes its development applications for the Affordable Housing
Component. Provided Landowner satisfies its obligations under
the Agreement and this Amendment, City shall promptly complete
the land use approval, annexation and rezoning processes and
execute and record all approvals and related documents therefor
for the Free Market Component in accordance with the Agreement
and this Amendment and City shall construct roads and utilities as
required by the Agreement, regardless of whether or not the City
has completed its development processes for the Affordable
Housing Component. Landowner shall not be required to provide
detailed engineering design of either potable water (as already
agreed in the Water Service Agreement attached hereto at Exhibit
F) or sanitary sewer, in its final plat submission, and all final
approvals, annexation and establishment of vested rights shall not
be delayed as a consequence of this. Sewer service engineered
plans shall be prepared in the same manner and according to the
same timetable as the potable water service plans described in
the Water Service Agreement. The Final Plat shall show areas
reserved for future easements to be granted to City for the
placement of said utilities. Once the precise, as built, location of
said utilities is known, easements shall be granted, twenty-feet in
width for deep utilities and ten feet in width for shallow utilities,
along their as built location and as specified in the Water Service
Agreement (attached as Exhibit F hereto). Areas reserved on the
Final Plat for these easements which are larger than these widths
shall be vacated. Notwithstanding the separate processing of the
Free Market Component from the Affordable Housing Component,
Landowner remains interested and affected by the development
plan for the Affordable Housing Component. Therefore,
Landowner shall be given notice of all meetings, public hearings
and work sessions concerning the development plan for the
Affordable Housing Component and an opportunity to provide
comment on such development plan.
1.H.b.2 City agrees that it shall schedule and process any
necessary hearings, meetings or work sessions to consider and
take formal action upon Landowner's applications for all land use
approvals necessary to achieve annexation, rezoning and Final
Plat approval for the Free Market Component, in a timely and
diligent manner. City agrees to schedule a work session during
the month of January 2002 and shall thereafter continue to
process said application in a prompt manner with a priority for its
placement on City council agendas. Landowner agrees to prepare
13
~,.. , ,
Preannexation Agreement
r^,
,.
and submit for processing such application in a timely and diligent
manner.
1.H.c Conservation Easements
Areas within the Property Proposed for Annexation and Burlingame
Ranch that shall be reserved for conservation easements, including
easements on irrigated lands, the Maroon Creek corridor, and portions of
Burlingame Ranch are identified on Exhibit "B". Once the annexation
has taken place and the Appeal Period, as defined at Section 20, below
has expired, or any other matter which affects the development, having
been challenged, the parties agree to execute all requisite easement
documents containing terms and conditions which are established during
the land use review process for the final development approvals for the
Free Market Component. City's consent shall be required for any
amendment to these conservation easements, which changes the
allowed use of the areas as permitted in the conservation easements.
City shall be named as a beneficiary to these conservation easements in
order to exercise such rights.
1.H.d Public Trails
The parties agree that no public trails shall be required to be dedicated or
created within the Property Proposed to be Annexed, except that trails
shall be located within the right-of-way of the entry road to the Burlingame
Ranch from Stage Road to the Affordable Housing Component. Exhibit
"B", appended hereto illustrates the location of all proposed trails. Said
trails shall be designed and built in conformance with trail standards
established by City's Parks Department for various trail types based on
proposed usage, terrain and costs and shall be maintained at City's sole
cost and expense. City shall undertake reasonable efforts to create a trail
through property previously owned by the Aspen Valley Land Trust,
connecting the Burlingame Ranch to the Aspen Airport Business Center.
The parties agree that the parties shall adopt a Trail Management Plan
for all trails within the Affordable Housing Component as part of the land
review process for the project.
'I.H.e Cost of roads, utilities and trails
City, at its sole expense, shall construct and install such roads, utilities
and trails as are required for the construction of the Affordable Housing
Component. Where such utilities shall s31so serve the Free Market
Component they shall be siied to accommodate both. Not later than thirty
(30) months (which may be extended by mutual agreement of the parties)
after the recording of the final plat map for the Free Market Component,
City, at its sole expense, shall have extended roads and utilities to the
locations shown on Exhibit D. City shall be reimbursed by Landowner for
one-third of Landowner's share of the total installation cost of the
particular utilities provided at the time of issuance of a building permit for
the first of the 12 free market lots which applies for a building permit.
Landowner shall reimburse City an additional one-third of Landowner's
14
29.18 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
share of the total installation cost of the particular utilities so requested
and provided at the time of issuance of a building permit for the second of
the 12 free market lots which applies for a building permit. City shall be
reimbursed the remaining amount of Landowner's share of the total
installation cost of the particular utilities so provided at the time of
issuance of a building permit for the third of the 12 free market lots. Said
reimbursement shall be made together with interest at the rate of 8% per
annum computed from the date said funds were advanced by City to the
date of reimbursement. In addition, at the same time as reimbursements
are required as set forth above (i.e., one-third each at the first, second
and third building permits), Landowner shall reimburse for Landowner's
share of the cost of installation of utilities provided to the Property to be
Annexed which are to be shared by the Affordable Housing Component
and the Free Market Component, including the Fathering Parcel,
including, without limitation, any redundant looped segments which are
constructed for the primary benefit of the Free Market Component and the
Affordable Housing Component, based on the ratio of ECUs in the Free
Market Component, including the Fathering Parcel, to the ECUs in the
Affordable Housing Component. The Water Service Agreement, (Exhibit
F), contains estimates of the number of ECU's in the Free Market and
Affordable Housing Components. In the event the Cultural Use Area is
approved for development, the ECU calculations, any necessary water
conveyance from Landowner, and any other water related charges or
calculations specified in the Water Service Agreement (Exhibit F) shall be
adjusted to account for this additional usage. Adjustments to the initial
charge for the Free Market Component shall be made upon final
construction of all residences in the Free Market Component. An "ECU"
as defined in the Aspen Municipal Code, is a "unit reflecting that part of
the capacity of the [City] water system necessary to serve a standard
water customer, with multiples or fractions of the unit including a
maximum number and type of water fixtures, a maximum irrigated area,
certain cooking facilities, or other water demand factors:' Aspen
Municipal Code § 25.Oii.060(e). Shared utility segments are shown on
Exhibit D. Notwithstanding the foregoing, City and Landowner agree that
unless sooner paid according to the terms set forth above, Landowner
shall reimburse City for its share of the costs of the particular utilities
provided and the costs of the utilities to be shared with the Affordable
Housing Component and the Free Market Component as described
above, not later than the fifth anniversary of the completion and activation
of said utilities, subject to any subsequent adjustments as provided
above.
1.H.f Access and Utility Easements
The access to the Affordable Housing Component of the Development
Plan shall be either across Landowners property as shown on Exhibit B
or through a different road alignment westerly of the Soldner property, as
shall be determined through the land use review process for the
Affordable Housing Component. If the alignment is determined through
15
Preannexation Agreement
29.19
~-,
said process to be as shown on Exhibit B, Landowner shall convey the
access road right-of-way easement shown on Exhibit B and an
underground utility easement to the City. The right-of-way easement shall
be a maximum of sixty (60) feet wide which shall accommodate a road,
parallel trail, and a berm with a height of five feet above the adjacent
finished grade of the road along the boundary of the Free Market
Component, or some other landscape solution mutually acceptable to City
and Landowner that is designed through natural landscape design that
considers protection of the adjacent agricultural use from traffic impacts.
The parties shall endeavor on a best efforts basis during the land use
review process to minimize the width of the right-of-way to accommodate
the uses proposed in the previous sentence. The final design of the
access road and its related components and landscaping shall be
developed through the land use approval process. The road shall be built
in accordance with any requirements imposed by the Fire Marshal. The
easement shall also entitle City to use it to serve property owned by City
adjacent to the 20 Acre Parcel and a connection from Stage Road to the
Aspen Airport Business Center. Notwithstanding the foregoing, City shall
have the right to establish a pedestrian trail to serve the Affordable
Housing Component that is along an alignment extending to the Aspen
Airport Business Center that may be used in the future for electric
vehicles (including golf cart type vehicles), provided that motorized
vehicles are prohibited access to the public streets within the Aspen
Airport Business Center from the end of any such trail where the same
abuts the Airport Business Center. Notwithstanding the access road
shown on Exhibit B to this Agreement, said Exhibit B is not intended to
specify the location of internal roads within the 20 Acre parcel necessary
to serve the Affordable Housing Component nor to limit City's ability to
extend the roads through the 20 Acre Parcel to serve lands adjacent
thereto presently owned by City.
2 Schedule for Annexation
2.a Upon execution by the parties of this Agreement, City shall, at its cost,
prepare an annexation map of the Property Proposed to be Annexed.
2.b Upon completion of the annexation map, Landowner shall execute the
Petition to Annex appended hereto as Exhibit C. Said petition shall be
conditional upon the terms and conditions of this Agreement.
2.c City shall prepare, at its cost, all requisite documents and applications
necessary to annex the Property Proposed to be Annexed, and a rezoning
application to re-zone the Property Proposed to be Annexed to the AH/PUD zone
district and the amendments thereto referred to in paragraph 16 above
(conditional upon annexation).
2.d City shall initiate, at its cost, annexation and the re-zoning application in
16
cs.~~ ear Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
,R..
..>
accordance with the City's Land Use Code.
2.e Upon conditional approval of the re-zoning application the City and
Landowner shall cooperatively and jointly prepare, at their joint expense, as
provided for in this Agreement, an application for a Development Order for both
the Affordable Housing and Free Market Components of the Development Plan
meeting all the requirements of the City's Land Use Code. The application for a
Development Order shall specifically state Proposed to be Annexedals shall be
conditional upon annexation of the Property
2.f Upon the granting of all requisite land use approvals by the Aspen City
Council, evidenced by the adoption of an appropriate Ordinance (conditional
upon annexation of the Property Proposed for AnnexatiPfo tosed to besAnnexled
the Development Plan, City shall annex the Property p
into the municipal boundaries of the City.
2.g Landowner and City shall execute at the conclusion of the Appeal Period (as
defined at Section 20, below) following the date of annexation, a Subdivision and
Planned Unit Development Agreement which incorporates the terms and
conditions of the Development Plan as finally approved by the issuance of a
Development Order. The Subdivision and Planned Unit Development Agreement
shall include standard City Terms and Conditions relating to plats, wastewater
and surface drainage, utility connections, trash and recycling removal, snow
removal, fire sprinklers, sidewalk and trail construction and maintenance,
driveway, curb and gutter improvements, street lighting, excavation plans,
parking and staging areas, street construction, and maintenance, stream bank
disturbance mitigation, -dust control measures, setbacks, as-built drawings,
fireplaces and woodstoves, residential design standards, survey monumentation
and restrictions, exterior lighting, school land dedication fees, park dedication
fees, landscaping improvements, financial security for public improvements and
landscaping, and other similar matters normally and routinely included in such
Agreeme t, the pevelopmen O de~or the zone ng for the annexedta ease in this
City also agrees that, because of its rural character and location outside of the
City's street grid system, the Residential Design Standards of Chapter 26.410 of
the Aspen Land Use Code, and the requirements for street paving, sidewalks,
II not b DDII d to the Free Market Component including
the Fathering Parcel. Landowner, as part of the land use appororiat pfor the Fheel
propose and agree to adopt design standards that are app p
Market Component. The homeowners' association for the Free Market
Component shall be responsible through covenants running with the land to
enforce the adopted design standards.
3 Landowner's Obligation Proposed to be Annexed into the
Landowner hereby agrees to annex the Property
municipal boundaries of the City of Aspen upon the terms and conditions set forth in this
Agreement. Landowner hereby agrees not to withdraw its consent to annex or to
17
29.21
Preannexation Agreement
.-,
thereafter petition to de-annex provided all of the terms and conditions of this Agreement
are met. Landowner shall grant all easements to the City necessary for access or utilities
as shown on Exhibit B.
4 City's Obligation
4.a City's Obligation with Respect to Annexation
City agrees to annex the Property Proposed to be Annexed provided all of the
terms and conditions of this Agreement are met. The parties acknowledge that
annexation and zoning are subject to the plenary legislative discretion of the City
Council of the City and the rights of referendum and initiative reserved unto its
citizens. Notwithstanding any language to the contrary contained in this
Agreement, no assurances of annexation or zoning have been made or relied
upon by Landowner.
4.b City's Obligation with Respect to Access
City shall provide sufficient legal and physical vehicular and pedestrian access to
the Burlingame Ranch and the -/X Ranch so that the development of the
Affordable Housing and requisite Free Market Components contemplated by this
Agreement can be undertaken. If necessary, City shall utilize its condemnation
powers to obtain such access at its sole cost and expense. City shall not enter
into any agreement nor permit any action to occur by it or third parties which will,
or may, diminish or alter the existing access rights and conditions pertaining to
the Land to be Annexed, without obtaining the prior written consent of
Landowner. Prior to the conveyance of the 20 Acre Parcel to City, City shall
provide to Landowner evidence of such access, and if necessary written
conveyances, agreements and/or confirmations of such access rights from
owners of land or easement rights over which such access runs, which shall, in
Landowner's reasonable judgment, demonstrate that Landowner has a present,
enforceable right to such access. In the event City fails to provide such access,
Landowner may, at its option, nevertheless, convey the acreage to City and if
such conveyance is made, Landowner shall have the right to process and obtain
approval for the Free Market Component of the development and City shall be
responsible for providing the minimum number of affordable housing units
necessary for the free market development to comply with the requirements of
the AH/PUD zone district.
S.a In the event that, any action herein contemplated is not taken by the City,
then Landowner's remedies for the breach hereof may include the withdrawal of
the annexation petition by Landowner, the right to reimbursement for
Landowner's costs and fees, including reasonable attorney fees, incurred in the
negotiation, drafting and/or Landowner's performance of this Agreement or in
Landowner's performance of any acts required of City hereunder and ail the
costs incurred as a result of City's breach, including, without limitation, the
preparation and processing of the development plan, and any attorney fees
18
29.22 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
accordance with the City's Land Use Code.
2.e Upon conditional approval of the re-zoning application the City and
Landowner shall cooperatively and jointly prepare, at their joint expense, as
provided for in this Agreement, an application for a Development Order for both
the Affordable Housing and Free Market Components of the Development Plan
meeting all the requirements of the City's Land Use Code. The application for a
Development Order shall specifically state that all land use approvals shall be
conditional upon annexation of the Property Proposed to be Annexed.
2.f Upon the granting of all requisite land use approvals by the Aspen City
Council, evidenced by the adoption of an appropriate Ordinance (conditional
upon annexation of the Property Proposed for Annexation) that is consistent with
the Development Plan, City shall annex the Property Proposed to be Annexed
into the municipal boundaries of the City.
2.g Landowner and City shall execute at the conclusion of the Appeal Period (as
defined at Section 20, below) following the date of annexation, a Subdivision and
Planned Unit Development Agreement .which incorporates the terms and
conditions of the Development Plan as finally approved by the issuance of a
Development Order. The Subdivision and Planned Unit Development Agreement
shall include standard City Terms and Conditions relating to plats, wastewater
and surface drainage, utility connections, trash and recycling removal, snow
removal, fire sprinklers, sidewalk and trail construction and maintenance,
driveway, curb and gutter improvements, street lighting, excavation plans,
parking and staging areas, street construction, and maintenance, stream bank
disturbance mitigation, dust control measures, setbacks, as-built drawings,
fireplaces and woodstoves, residential design standards, survey monumentation
and restrictions, exterior lighting, school land dedication fees, park dedication
fees, landscaping improvements, financial security for public improvements and
landscaping, and other similar matters normally and routinely included in such
Agreement, the pevelopment Orders orrthe zone ng for he annexedtareasse in this
City also agrees that, because of its rural character and location outside of the
City's street grid system, the Residential Design Standards of Chapter 26.410 of
the Aspen Land Use Code, and the requirements for street paving, sidewalks,
curbs and gutters, shall not be applied to the Free Market Co oval erocessushall
the Fathering Parcel. Landowner, as part of the land use app P
propose and agree to adopt design standards that are appropriate for the Free
Market Component. The homeowners' association for the Free Market
Component shall be responsible through covenants running with the land to
enforce the adopted design standards.
3 Landowner's Obligation
Landowner hereby agrees to annex the Property Proposed to be Annexed into the
municipal boundaries of the City of Aspen upon the terms and conditions set forth in this
Agreement. Landowner hereby agrees not to withdraw its consent to annex or to
17
Preannexation Agreement
,T.
~-,.
9 No Third Party Beneficiaries
It is expressly understood and agreed that enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the City and Landowner and nothing contained in this Agreement shall give
or allow any such claim or right of action by any other third person on such Agreement.
It is the express intention of the City and Landowner that any person other than the City,
or Landowner receiving services or benefits under this Agreement shall be deemed to be
an incidental beneficiary only.
10 Governing Law and Enforcement
This Agreement shall be governed by the laws of the State of Colorado. The parties
agree and acknowledge that this Agreement may be enforced at law or in equity as a
contractual obligation consistent with annexation agreements. Thus, this Agreement is
intended to provide a contractual relationship between the City and the Landowner to
ensure compliance with all rights and requirements contained herein. In addition to any
other available remedies, it is understood and agreed that the City may withhold or
revoke any permits or certificates, including but not limited to building permits and
certificates of occupancy, for any lot within the Property Proposed to be Annexed in the
event of a breach of this Agreement by the Landowner. The prevailing party in any
litigation between Landowner and City concerning this Agreement shall be entitled to an
award of its attorney fees and costs.
11 Additional Documents or Action
The parties agree to execute any additional documents or take ariy additional action that
is necessary to carry out this Agreement.
12 Execution in Counterparts
This Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute but one and the same instrument.
13 Paragraph Captions
The captions of the paragraphs are set forth only for the convenience and reference of
the parties and are not intended in any way to define, limit or describe the scope or
intent of this Agreement.
14 Integration and Amendment
This Agreement represents the entire agreement between the parties and there are no
oral or collateral agreements or understandings. Only an instrument in writing signed by
the parties may amend this Agreement.
15 Assignment
All or part of the rights, obligations or responsibilities set forth in this Agreement may be
assigned by the Landowner to an entity in which the Landowner or its affiliates have an
interest, without requiring the consent of the City.
16 Severability
Invalidation of any of the provisions of this Agreement or any paragraph sentence,
clause, phrase, or word herein or the application thereof in any given circumstance shall
20
-~•-~ oar aiasn x rtanch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
J
not affect the validity of any other provision of this Agreement, except that if such
invalidation diminishes the rights of Landowner, Landowner may elect to terminate this
Agreement and render it null and void.
17 Recordation of Agreement: Terms Run With The Land
The City shall record this Agreement with the Clerk and Recorder's Office of Pitkin
County. The City shall pay the reasonable cost of recordation of this Agreement. The
terms, conditions, rights and benefits of this agreement shall run with the lands to be
annexed hereunder.
18 Incorporation of Exhibits
Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall
be incorporated into this Agreement for all purposes.
19 Actions against Annexation and Development
In the event that any person, corporation, special district, municipal or county
government, or any other entity or person asserts any claim against the City, its officials,
or employees pursuant to the provisions of the Colorado Municipal Annexation Act,
C.R.S. § 31-12-101 et sec., or asserts any other claim, based on any theory of law
whatsoever, challenging the rezoning and development of the -/X Ranch, or the approval
of the Development Plan as contemplated by this Agreement, City shall vigorously
defend against such an action and may consent to and permit the entry by the court of
an order voiding the annexation or reach another means of settlement of claims,
provided that no consent to an order voiding the annexation or settlement which
adversely affects the Landowners rights hereunder or under any development approvals
contemplated hereby, shall be entered into without Landowner's written consent. City's
defense of any such action(s), shall also include the vigorous defense, at its sole cost, of
the interests of the Landowner. If by reason of such suit this Agreement is found to be
void or unenforceable, then as between City and Landowner, this Agreement shall
become null and void, and if at such time the annexation of the -/X Ranch has already
occurred, City shall, upon a petition for de-annexation submitted by Landowner, approve
been conveyed'to the City he nCity shalldref cohnvey thegac sage t ethe Landownerer has
20 Appeal Period
Any time period established by this Agreement upon one or the other party to take any
action shall be suspended until the expiration of any jurisdictional appeal time for the
initiation of a judicial challenge to any action taken by the City or the time permitted for
the initiation of an initiative or referendum challenge. If the annexation of the Property
Proposed to be Annexed, any requisite land use approval, or any action required by the
City is challenged by a referendum or initiative, or is subjected to a judicial court
proceeding, all provisions of this Agreement, together with the duties and obligations of
each party, shall be suspended pending the outcome of the election or court proceeding
(including any appeals). If the referendum, initiative, or court challenge results in
disconnection of the Property Proposed to be Annexed from the City, then this
Agreement shall be null and void and of no further effect. If the referendum, initiative, or
court challenge fails, then the parties shall continue to be bound by all of the terms and
provisions of this Agreement and any other agreements made in connection therewith.
21
LCLLJ
Preannexation Agreement
.-~.
~,.
21 Title
Whenever there appears a requirement to dedicate or convey land to the City
Landowner shall provide a title policy that shall indicate that the property is free and
clear of all encumbrances whatsoever which would impair the use of the property as
proposed in this Agreement or in any further document. Further, said title policy shall
show that the property to be dedicated or conveyed to the City is free and clear of all
encumbrances which would make said dedications or conveyances unacceptable to the
City as the City in its sole discretion, determines. Should such title policy reflect
encumbrances that may impair the use of the property as proposed or which would
make the dedications or conveyances unacceptable, the City may take whatever action
or seek whatever remedies it deems advisable, including without limitation disconnection
from the City of the Property Proposed to be Annexed, if already annexed into the City,
withholding of any development reviews, or declaring this Agreement null and void
however City shall not have any right to seek damages against Landowner.
21 Property Tax Valuation
Any owner of a lot within the Free Market Component, other than lots within the
Fathering Parcel, who improves a lot or lots with residential improvements which result
in a new property tax classification for such lot or lots based on a change of use from
agricultural to residential shall be forever barred from subsequently applying for
reclassification of such lot or lots to anything other than a "residential real property"
category for property tax valuation and assessment purposes, as such term is defined
and applied in Section 39-1-102, et seq., C.R.S.
List of Exhibits
Exhibit A Legal description of -/X Ranch proposed to be annexed
Exhibit B Map of area including Back Bowl and Zoline -/X Ranch
Exhibit C Petition to Annex - (Standard City of Aspen petition for annexation)
Exhibit D Utility Location Map
Exhibit E Intentionally Left Blank
Exhibit F Water Service Agreement
Exhibit G Intentionally Left Blank
Exhibit H Proposed Zone Districts
Exhibit I Floor Area Calculations
Exhibit J ADU Regulations
Exhibit K Consumer Price Index Calculation Method
Exhibit T•A Land Acquired by Quiet Title Action
22
29.26 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
/~
\,w(
i
ATTEST:
City Clerk
STATE OF COLORADO )
)ss.
COUNTY OF P1TKIN )
as
by
CTfY OF ASPEN, a municipal wrporation
APPROVED AS TO FORM:
ny' Homey
before
day of
of
My commission ezpires:
~~
Preannexation Agreement
...
,...
~~~ L.aN~owNEx
Bar/X LLC, a Colorado Limited Liability Company
By: Gary mkel,`Ttustee of the Surfvi ors Tlust Under the Zoline Family 1982 Ttust.
STATE OF COLD$gApD~0 I
COUNTY OF PITKIN )
Los F~nSeles
11 Aclmowledged/I before me tq's 1 Cp day of
~la""°''~- 200 by f+-na ~ ~ rq h
m lug/hcr upacitY a~ o~a.n. 0., ,. r'----
.<, ~a.~.l.-~
Notary
My commission expires: ~ ~ (~ ~ ~ ~w
.27.
~n n
ANAL 6aAN
Carmhda~•lsita
A~Oela Cary _~
A1rCmm.F~YeJiA 17,21[11
•-- oal oiasn x rcanch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
..~.
4.y/
Exhibit A• Legal Description of Bar/X Ranch ~rooosed to be Annexed
Bar Slash X Ranch and Staae Road PUDISubdivision Prooertv Description
A parcel of land shuated in Sections 2 & 11, Township 10 South, Range 85 West of the 6th
Principal Meddian, County of Pitkin, State of Colorado. Said parcel of land being nwre
particularly described as follows: '
Beginning at a point on the northeasterly Rightaf-Way line of Colorado State Highway No. 82
(Project Number :0821-051 Unit 1) said point being the northeastery comer of parcel number
120, Project Cade 12269 of the Colorado Department of Transportation, whence the 1/4 comer
common to said Sections 2 8 11 bears N. 10°21'54" E., 708.68 feet being a found 1954 B.L.M.
Brass Capin place; thence along said northeasterly Highway Rightof-Way line N.60°10'S2"W.,
distance of 178.00 feet to a paint on the boundary line of Golf Course Parcel A, as shown on the
Final Plat and P.U.D. for Maroon Creek Club, recorded on Plat Book 33, Pages 4 through 15 of
the Pitkin County Records; thence leaving said northeasterly rightof-way line along the
boundary line of said Golf Course Parcel A the following nine (9) courses:
1) N.01 °48'31"E., a distance of 915.83 feet; 2) N.35°31'27"W., a distance of 725.00 feet;
3) N.08°06'25"E., a distance of 762.37 feet; 4) 5.88°59'33"W., a distance of 228.21 feet;
5) S.89°08'18"W., a distance of 156.94 feet; 6) 5.88°56'55"W., a distance of 144.94 feet;
7) 5.88°41'S6"W., a distance of 136.14 feet; 8) 5.89°42'25"W., a distance of 189.99 feet;
9) N.87°18'47"W., a distance of 5.97 feet to an existing fence line and fence line extended;
thence following said fence line and fence line extended the following five (5) courses:
1) N.Ot°01'58"E., a distance of 203.59 feet; 2) N.02°02'27"E., a distance of 109.93 feet;
3) N.00°19'27"E., a distance of 298.14 feet; 4) N.00°41'53"W., a distance of 62.14 feet;
5) N.02°29'43"E., a distance of 13.40 feet, to a point on the northerly boundary of that property
descrlbed in book 181 at page 320 of the Pitkin County records;
thence leaving said fence line and fence line extended N.86°29'41"W., along said northerly
boundary 6.05 feet; to the easterly boundary of lot 1, Burlingame Ranch Subdivision recorded in
Plat Book 50 at page 89 of the Pitkin County records; thence along said northerly boundary
along the eastedy boundary of said Lot 1, Budingame Ranch the following seven (7) courses:
1) N.02°52'38'E., a distance of 165.48 feet; 2) N.00°30'26"W., a distance of 243.17 feet;
3) N.18°16'S7"W., a distance of 80.12 feet; 4) N.22°43'41"W., a distance of 384.52 feet;
5) N.00°34'07"E., a distance of 57.52 feet; 6) N.03°02'50"E., a distance of 688.34 feet;
7) N.12°39'27"E., a distance of 105.85 feet, to a point on the Southerly boundary of parcel 2
Park Trust Exemption Map as recorded on plat book 10, page 5A of the Pitkin County Records;
thence 5.88°15'47"E., along the southerly boundary of said Parcel 2 a distance of 6.86 feet to a
point on the boundary of that property descdbed in the quick claim deed recorded as Reception
No. 466499 of the Pitkin County records;
thence along the boundary of said quick claim deed the following fifteen (15) courses:
1) N.13°50'57"E., a distance of 114.73 feet; 2) N.12°44'56"E., a distance of 284.79 feet;
3) N.12°34'48"E., a distance of 263.95 feel; 4) S.59°34'09"E., a distance of 69.27 feet;
5) 179.45 feet along the am of anon-tangent curve to the right, having a radius of 1,000.00 feet,
a central angle of 10°16'53', (chord bears S.27°38'40'E. a distance of 179.21 feet;
6) S.07°11'09"E., a distance of 50.03 feet; 7) S.21 °18'17'E., a distance of 44.53 feet;
8) 5.05°31'10'W., a distance of 32.00 feet; 9) S.10°32'00"E., a distance of 45.00 feet;
~~ Preannexation Agreement 29.29
~~ ~.
10) 76.23 feet along the arc of a curve to the left having a radius of 40.00 feet, a central angle of
109°11'30", (chord bears 5.65°07'45"E. a distance of 65.21 feat);
13) 5.20°30'32"E., a d s ante of 50.20 feet; 14) S.27°41'19"E., a d stance of 17.40 feet;
15) 5.04°08'52"W , a disance of 135.85 feet to a point on the northedy line of Govemment lot 7,
of said Section 2;
thence 5.88°15'48'E., along the northedy line of said Govemment lot 7 a disance of 1033.90
feet to a point on the West Bank of Maro1hence akongrsaid deed descr bed aboveand being 66 at
Page 481 of the Pitkin County Records,
25.00 feet westedy of and parallel to said West Bank of Maroon Creek the following si one
(61) courses:
1) 5.47°16'56"E., a distance of 93.51 feet; 2) 5.40°44'00"E., a disance of 99.92 feet;
3) 5.43°12'00'E., a disance of 75.48 aer 6j 5.~,~,50"E., a disane of 78.16 feet;
5) S.29°29'19"E., a distance of 82.66 feet; 8 S 50°38'15"E., a disance of 27.37 feet;
7) 5.70°00'04"E., a distance of 104.72 feet; )
9) S.Ot°16'48"E., a disance of 56.82 feet; 10) 5.29°58'10"W., a disance of 34.56 feet;
t3) S 24°5114 E , a disan a of 92 53 feet1~ 14) S 007°32'08"E., a d stance of 36 99 fefetet;
15) 5.52°15'52"E., a distance of 34.18 feet; 16) 5.11°19'OB'E., a disance of 79.45 feet;
17) 5.40°07'51"E., a disance of 160.49 feet; 18) N.82°30'12'E., a disance of 92.23 feet;
21) S.O6°t 1'13"W~ addlsanc off 8310ffeet; 22) 5.07°05'08"E., a disance of 34.83 feett~
23) S.00°01'32"W., a distance of 45.24 feel; 24) 5.18°54'49"E., a disance of 72.69 feet;
25) S.10°58'43"E., a disance of 75.11 feet; 26) 5.13°40'31"W., a disance of 47.18 feet;
29) 5.04°29 56°W ,add san a of 65.163ffeet; 30) S 05°54 39"E., a d sance of 34.46 feet t~
31) 5.20°50'18"W., a distance of 88.41 feet; 32) S.02°09'35"W , a disance of 28.08 feet;
35) 5.15° 11'24"W., a d's ane of 0.24 feet; 36) S.14°51'24 E , a disance of 30: 0 feet;
39) 5.25 57'56"E., a dis ance of 65.95 feet; 40) S.15 52'18"E., a disan a of 7255 feat;
4t) 5.07°20'49"W., a disance of 27.44 feet; 42) 5.45°10'43"W., a distance of 20.69 feet;
43) 5.32°45'S1'W., a distance of 51.58 feet; 44) 5.02°19'30'E., a disance of 36.47 feet;
45) S.OB°50'S3"W ~, a disance of 19.54 feet; 46) S.OS°15'44"E., a disance of 25.11 feet;
47) 5.13°20'02"E., a disance of 27.03 feet; ~~ S 14°O6'S3"W , a distance of160.96 feett~
49) S.00°17'56"E., a disance of 19.09 feet;
51) 5.11°55'16"E:, a distance of 57.16 feet; 52) S.OB°07'37"VJ., a disance of 5.56 aek
55) S53° 19'46"W ~, a disance of 28 i6 f et; 56) S.76°07'S7"VJ_ a disance of 36 92 feet;
57) S.12°43'14"W., a disance of 40.76 feet; 58) 5.32°41'52"W., a distance of 99.52 feet;
curvato the eft having a radius of 400f00 feetsa) antral angleaof 33 27 25" (cho d bearsent
5.03°31'23"E. a disance of 230.27 feet;
61) 5.20° 15'05"E., a distance of 63.49 feet to a point onreco ds~edy hne a parcel of Ian
recorded in Book 228 at Page 590 of the Pitkin County
northedy f e0long" the pedmeterof a strip of landadesc bed in Book 1661 t Page 481nthe id
following nine (9) courses:
1) N.05°18'15"E., a disance of 234.07 feet; 2) N.06°23'45"W~, a distance of 252.08 feet;
29.30 Bar Slash X Ranch LLC -Annexation and Stage Road PUDISubdivision: Final Submission
,....
3) N.07°28'45"W., a distance of 150.60 feet; 4) N.01 °14'15"E., a distance of 175.63 feet;
5) 5.89°09'40"W., a distance of 30.02 feet; 6) 5.01°14'15"W., a distance of 176.82 feet;
7) 5.07°28'45"E., a distance of 152.60 feel; 8) S.O6°23'45"E., a distance of 248.72 feet;
9) S.OS°18'15"W., a distance of 233.33 feet to a point on the northedy line of said parcel of land
recorded in Book 228 at Page 590;
thence along the northedy and westedy lines of said parcel the fallowing five (5) courses:
1) N.89°07'44"W., a distance of 143.39 feet; 2) S.O6°13'16"W., a distance of 267.36 feet;
3) S.14°07'16"W., a distance of 112.67 feet; 4) S.11°25'16"W., a distance of 77.29 feet;
5) 5.27°O6'16"W., a distance of 125.06 feet to a point on the boundary of fhe 4th amended
aspen golf course subdivision recorded on plat book 63 at pages 62 through 65 of the Pitkin
County records;
thence along the boundary of said 4th amended aspen golf course subdivision the following six
(6) courses:
1) N.89°20'26"W., a distance of 3.41 feet; 2) 5.21°09'S6"W., a distance of 624.39 feet;
3) 5.00°24'34"W., a distance of 158.79 feet; 4) 5.00°59'34"W., a distance of 84.56 feet;
5) S.O6°32'41"W., a distance of 164.07 feet; 6) 5.25°03'34"W., a distance of 7.70 feet to the
point of beginning;
Said parcel of land containing 146.005 acres, more orless.
County of Pitkin
State of Colorado
Preannexation Agreement 29 g~
~,«. .~
This page intentionally left blank
Zg,32 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
M
m
N
d
~,.
tom"
r°`
~-
C
i
0
r
u
0
u
~_
Exhibit C• Petition for Annexation
~~%~yr G
~~ PETITION FOR ANNEXATION
TO THE C[TY OF ASPEN, COLORADO:
The uadewigtted C'Pctitiomr~, Chia _ day of Jatuury, 2009, hmeby petitions
pTetieoe^1 the Ciry ofAape4 Culumdu, W armex W the Clryo[ASpm, me uniocorporc4d lertitory
Imeted in the County of Pitltin, S W e of Colorado, deecrihed as an forth an Pxltibit A attached hemto
mdincorporetedhercin byrcfercnce C'AwexatimProperty'~. insupport ofthisPetition, Petitioner
alleges that:
1. It is devin6le and necessary that the Annexation Property be annexed m the
City of Aspen, Colorado.
2. The requircmrn4 of Section 31-12-104 and 31-12-I05 Colorado Revised
S4NW C'C.RS.")etrist or love 6rnn mm.
3. Ammmuniry ofin4mtezism 6etwernthe Annexation Property mdthe City of
Aspen, Colorado.
4. The Aanexetion Ptopertyu wbmmwill be wbenized in the aeufuturc and the
Ammaation Pmpaty is iwegretW wlm w Is capable of bdtlg [n4grctM vnlh tm City oi' Asps,
Colorado.
5. Nol less thm one-sixth (1/h) of the perimeter of Ux Ammxa[ion Property is
` contiguous with the City of Aspen, Colorado.
6. The signs of thu Petition mmpriaes mom than fifty peromt (50%) of the
landowners N the Annexation Property ownin¢ more than filly pert nt (SOY.) of the Ameurim
Property, exclusive of street nod allays; end the sigoa of this Pelitlon herchy mounts 4 the
Wablishrmm of the 6ounderia of the Anrtpmtion Property u showy on the amexation plat
submitted h<rowith
7. The sigmr ofWis Petition comprises the owner ofone hundred percent(1011°/[)
of the Armerzsalion Property.
a. The Amexadon Property is rotpresemlyapart ofanymmrpomted city,city and
manly, or Wwn; nw have my proceedings been mmtnrnced for imorporetion or emexation of m
ores that is part or all of the Armexetion Pmperry, rot hu any election Car annexation of the
Amexvion Property w suba4atielly the snore territory 4 the City of Aspen, Colorado been held
within the twelve (12) rrontlu immediately preceding the filing of this Petition
9. Theproposedennexationwillro[result indetaohmrnlofareafromvryuhool
diehiet or atuelunmt ofaavu m another aohoal diatrieL
10. Excepl4 the ex4m recesury to avoid dividing pmcels within the Amazed
Propey held m idrnticel ownership, et least fifty percent (50X) of which ere within the three (7)
~. mile IimiS Ore proposed annexation will not extend-lhe municipal hotudery of the City of Aspen
more dun three (7) mile in my dirccdon form any point of de current municipal boundary.
I1. The proposed mmexation will rol rcsWtin the denial ofreaunable amessm
my Irndowmr, owner of rn cavemen[, or sworn of a franchise adjoining a plet4d street w alley
which hss tern amazed by the City of Aspen but u not bounded oo hoW sides by the City of Aspen.
12. Nesubluhing the boundaries oftheAroezatlon Property, roland which is
held in idrntial ownership, whether mnsiating of a single tract or parcel of real es4te or two or
mom mntrguaus tracts w pucels of real esta4:
(a) iL bLine dividsd into aapwta pow or pomela withow tk wrinm
!' mount of the Iandowmr m landownm thereof; or
(b) comprisingtwenty(20)ureswmorc endtogeOsvwiNbuildingaaod
improvemrnb situe4 thereon having a valuation for aasessmrnt in excesv of 5200,000.00
~U Preannexation Agreement 29.35
w
1 mnexation Agreemeok and (iu) the final epproval6y the City of a site speck development plan
for the Annexation Property coreistrnt with the ProAnnezation Agreement.
! 20. Exceptforthetemu andwaditiousofthisPetitionandoftheAnnezationand
~ IkvelopmeN AgreementasmademrbjeMto Orelerma hemof, whichtenmandconditiena Petitioner
axpmvly vpprovas evd which-thamfort do vot comtitute w impoxition of vdditiorul tevmv avd
conditionswiddnthmeeoiagafC.RS. Sadon3l•12-107(1)(8) no eddilional termsandconditions
' .shell be impoud upon annezation of the Amu:zation Property to We CGaryity of Aspen.
THEREFORE, Petitioner requests that the City Cowcil of the City of Aspen,
Colorado complete end approve the emwzelion of the Annexation Property, pursuant m the
~~ provisiom ofthe Amrexadan Am.
R<spectfully submitted this I d daY of 3muary, zoos.
r em.. f •~towner/Pa~tioner
Harts Ranch LLC, a Colorado limited liability company
Gary Fink , Trustee of the Survivors Trust under the Zolim Family 1982 Trust
. its Memging Member
Date of Si¢oeiure: January f6 2004
M lines a Address: Go Hmbert S. Klein, Esq, 20l North Mi115rrte4 Suite 203, Aspeq CO
81611
R 'dmt f F ,,.,,vti P rtv7 NO '
3
Preannexation Agreement 29.37
,.
'1 fw ad valorcmtat ptnpoxs forthe yemnext prccedmgthe proposedamezation, is included
' _ in the Amwzntion Property Witham the writko consent of the Imdownr or landowner.
I7. The legal description of the lend owned by the signu of this Petition u su
forth mdweath the name of such Pettiooer on Exhibit B, attached bueto end incorported herein
by this ttfermce. Ax mnrc ryrrticularly dexriMd m Exhibit B, the laud owned by gndonw Bat,X
Rmch, LLC CBedXPropesq")mnatiNtnorte hmdrcdperant(100Y.)oftheAnnexntimRoperty
puruant m Section 31-I2-107(Ixg) of the Amexation Au.
14. The affidavit of the cirwlamr of thin Pettion certifying then each signtutt
on this Patton u the signamte of the peroo whoa name it pwporte m be end certifying the
eccnrcY of the date o(such signenue u ettuhed hereto n Exhibit C and is iworpomted herein by
this ttfettnce.
l5. This Petitionuaaompenied by fowprincsotmmoexatim map conrining,
among other things, the fallowing infomudon:
ProPanY:
(s) A writtrn legal description of the homdarin of the Annexation
(hj A map ahnwing the bowdary oftlu Amaxabon Pmgtty;
_ (c) Within the amexetian boundary map, a showing of the location of
each ownerhip tract inmplmed land and,ifpm or ell ofthesreais plmed, the boundaries
and the plat number of plob or of Ims and hlocks; and
(d) Next to the boundary of the Annexation Property, a drawing of the
wntigmn boundary of the annexing municipality abutting the Amuation Property.
l6. The Petitioner requests dent the Ciry of Aspen institute the zoning approval
process for the Amazed Property in accordance with C.R.S. Seuion 31.12-i IS and Section
of the Lmd Dx Cade of the City of Aspen, and that the City approve sod
ezecuk m annexatien and developmeN agreement ("Amaartion and Development Ageement")
which nmblishes vested property rights fm the Amezation Property and otherwix nmbhshes the
development plm for the Annexation Property in accordance with the Amended anti Resented Prc-
atwxation Agrwmaet, Bm/XRmahdwad J2004, executedbetweeo Petitioceramrhe Ciry
(the "Pre-annexation Agreemrnt'~.
17. Thesignm ofthu Petition hereby reserves the righ[mwithmaw this Petition
v my point prior m the Inter to occw of: (i) timty-five (35) days after tiro effective dak ota Fmel
ordipance approving the Ampmtim and Development Ageement pursuant to eppliable provision
ofthe Ciry Code oftlrc City of Aspe4 and C.R.S. Sectim24L8-101 et seq.; (ii) dun days sfterNe
expiration of the time period prescribed by the Chartm ofthe City of Aapm far filing arefriendwn
petitimclWlengimgdse ordinance approving the amexetion; (iii) spy Iatudak provided for in such
Armexa[im and Development Agreunem; or(iv) tltirty-five deya after Ne date of6nel approval by
the City of a site specific development plan for the Amexetion Property. Neither the City mr Ne
Petitioner shell ceux the occurttnee of the condition naeasmy m We effectivenna of this
emexatian pursuant to 31-12-117 (2xax1)(B) C.R.S. by ttcordstipn of the emnation oMinance
erd annexation maps, wtil the ezpirtion ofth< latest of the foregoing entmuated event.
la. Upon Ire mmexatian orolnence becoming effective, and mbject to the
waditions xt forth in thu Petition and in the Amexatien and Development Agmemenl, the
Amexation Property shall buome subject m all oNinances, resolution, ndn and regulation of the
City ofAapen, except m otherwix sm forth in the Amiezation end Devekpmmt Agreement, and
ncepl for generl property k%p ofthe City ofAspenwhich shill become effective on Imumy 1 of
the ne# succeeding yam following pnsaage of the annexation onlinance.
19. Thin Petition iv filed on the condition that, aoacumndy with its opprovd of
amexalion of the Annezetkn Property: (i) the City of Aspen approve zoning of the Annexation
Property that is substmtially ennistrnt with the applintion for zoning approval which Petitionr
will submit following the City of Aspen making the required fading of this Petition's substantial
-- compliance wish the rcquircmenb of the Amnation Au; and (d) the City of Aspen eppove and
authorize necution of tM Amezation and Development Agreement c9nsirtent with the Pm
29.36 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
4
This page intentionally left blank
29.38 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
!!" -
U U J. N p
'C ~. ~, N
C
O N a O. 6 N C
>
~~ N
` O O O
ay
_ C N m
N L
C N N
N t 3 3 ~~
~
W J Q
= p
C ~ N
O. C
O ~ N y
C J T X
~
x m (U ~
a~
m =
~ G
~ U ~ o
`
~ ~ ~ ° ~a
~ E °' ~? ~ y
~
~ ~ °'
a "
dw E
C L O ~ ~
" ~ 3~ =i.
`°
c
•~
a , _
~- _
~ y
~ a c _ •- ~ ~
c I p ~ ~ C` y
a
i
a I LL ~ W O N
~ ~
~ N
I
U I O7 '~ ~
~ O a s
; N
l6 O N
I ~ y
^
I I ~ ~•
t c o~ ~ ,!~
, c 3
U ~ C ~ O O
m
~ -
~ ~ /
~
E ~ ,
~
..
~
01 ~ ~ NI ~
c U«~ i
~ v _ -n~o E -
m m
a~ ~
w '
~ o m _-~ - -_
r U Q _
x N ~
~ L L
a N - U
c
E ~~ ~
N L c ~
~ ~ a~ X
o ~ ~ ~
~ m
~
7
C
.
-,~ __ ____ _....
____-_1
CJ O
.. .
Y U ..: N
i? D.
Z ~
L y ~
E ~ w j
Q U a ~ x. ~ i_._-__
-
~ ~ m
a
~ m
c m
~ c
~
3
\ `
N
ap ~
m E o
~
~'
~
X -
~ ~
rn ~ c
o
N
J ° -
~ D axi o.
~ Q a
ci
w c
y
V U = +
N
" ,
~
__
x
N ---
_~_
~ N L E
°1
o ~. N
=~ l0 Q O
O U '
i
~a
rn
.?
3 c d ~ ~ ;
U
~ yU ~N ya r~ w
~
Q oL° mc_
° x m E_
Q C L x ~~
° N N O
U N O~ ..1
Q N
3 C
C = N TL
l0 C N N
O S y y
C
~
Q O>
~ N w
0
~y a
O m
~
d c°
C X O
LL L L C C
J ~
~~
~ o y .X o ~m o
Q ~
~ Cyr ~
c'
O
tb N m
T°
Ol n ~ o
@ ..
_ _
u
2 N
Y) N
~ ~mE ~ ~ ~ U
s" s ~~, m
~ °' °
Uo "
W °'
j UL, C U y E
° ~
m 2 c x ~ u
U N L
N m C y 2 U m U
~ ~ w
~ °
Z C U
NL~ N ° ~
N 'm
i' ~
c
~'w '°
` c
w
1
m 3~ N
m w~ m
m~~~ 0
O
U a`oN
E" °' c~Dv
E °~= m
m
LL ~=~
~
3 i ~g
m N
~
o~ a
N ~ y
g
g ~
d m ao
~ _
`' ?
~ n
a
o N N
°
' } m
c Eoo Q~p
° : ~ ~
O L' O
C - O .~. O. OI
C
~ a` e
a a` a a w a .~
~
y~
N J~ ~
N
N
~N V C
:. ~ I' ~
S
m c'oo a
o~ :~ I
~
_ °' O ;
I 1
L,L~ H `o. ~ O ° ~ ~
M
Q1
N
N
d
_
0
X
c
c
m
01
a`
~_
...,
Exhibit E: Intentionally left Btank
I~ Preannexation Agreement 29.41
'",, ^~
r
exhibit F: Water Service Agreement
Exhibit F to Amended and Restated Preannexation Agreement
BAR/X RANCH
RESTATED AND AMENDED WATER SERVICE AGREEMENT
THIS AMENDED AND RESTATED WATER SERVICE AGREEMENT is entered into
and made on , 2003, by and between the City of Aspen,
a Colorado home rule municipal corporation (the "City'), and the Bar1X Ranch, LLC, a
Colorado limited liability company. Water service shall be provided to the dx Project
(hereinafter'ProjecC or "Property") which inGudes a Free Market Component, a Fathering
Parcel, a Ranch managers residence, Cabin, affordable housing parcel of approximately
21.5 acres in siie, and certain irrigation requirements of the Property all as set forth in the
Restated and Amended Pre-Annexation Agreement to which this Agreement is an
attachment. The terms and conditions of water service as herein provided shall survive
annexation of the Property to be Annexed, and shall govern water service to this property
subsequent to annexation.
Recitals
WHEREAS, the Landowner and City have previouslyanteredintoaPro-Annexation
.Agreement, executed by the City on May 21, 2001, and other amendments to such (First
Amendment, December 17, 2001 and Second Amendment, February 19, 2003), which
integrated documents included a reference to Exhibit F as the Water Service Agreement
`- between the Landowner and the City; and
WHEREAS, the City and the Landowner have enteretl a Restatetl and Amentletl
Pre-annexation Agreement, and desire to revise the original Water Service Agreement
("Prior WSA') into this new Amended and Restated Water Service Agreement, to
incorporate all changes regarding water service and to make amendments to the Prior
WSA, so that there is one complete agreement for water service. This Amended and
Restated Water Service Agreement ("Amended WSA') shall supercede the Prior WSA in
its entirety; and
W HEREAS, the Property to be Annexed will be annexed to the City pursuant to the
parties' Amended and Restated Pre-annexation Agreement; and
WHEREAS, -tx Ranch, LLC, (hereinafter'LandowneP) plans to develop the Free
Market Component and the Fathedng Parcel of the Property to be Annexed as descdbed
in Paragraph 1(C)(I) of the Amended and Restated Pre-annexation Agreement (the "Free
Merket Aree "); and
WHEREAS, the City of Aspen (hereinafter'City' or "the Cdy") plans to develop the
Affordable Housing Component of the Project described in paragraph 1(D) of the
Amended and Restated Pre-annexation Agreement, in the area depicted on Exhibil'B" to
the Amended and Restated Pre-annexation Agreement (the "Affordable Housing Area");
and
October 22, Yoe3 final Execution Copy
Waio.4muepmwm~ I"er eerNopw,U I>A1lHrv. O6iA1
29.42 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
~~
_ WHEREAS, Landownerwill he contributing water rights and other consideration to
the City in connection with development of the Free Market Area, Cabin and the Resident
Owned Ranch Manager lot ('Landowners Dedication Requirement"); and
WHEREAS. Landowner seeks to obtain municipal water service from the City for
the Project; and
WHEREAS, waterservice forthe Projectwill require the construction and installation
of certain water mains, lines and related facilities as described in this Amended WSA; and
W HEREAS, the City has agreed to design and construct, at fts own cost, subject to
the cost sharing provisions of this Amended WSA, the water mains, lines and assodated
facilities needed to serve the Project; and
WHEREAS, the City is not hereby representing that it is a regulated public utility, or
holding itself out to the public in general as capable of or intending to provide water service
extraterritodally; and
WHEREAS, the Aspen Municipal Code ('Code") provides for the rating of new or
expanded water service based on potential water demand as expressed In equivalent
capacity units (hereafter "ECU"), ECUs being defined in the Municipal Code as units
r.. reflecting that part of the capacity of the City water system necessary to serve a standard
water customer, with multiples or fractions of the unR, including a maximum number and
` type of water factures, a maximum irrigated area, certain cooking facilities, or other water
demand factors; and
WHEREAS, the City desires to encourage the use of rawwater supplies.for certain
outdoor irrigation where safe, practical, feasible, and consistent with the Code and City
policies, so as to reduce the dependence on treated water for this purpose and to minimize
the costs of providing treated water service to the Project and the Property to be Annexed.
THEREFORE, in consideration of the mutual promises and covenants contained
herein and in the Amended and Restated Pre-annexation Agreement, the parties agree as
follows.
PURPOSE OF AGREEMENT
1. Treated Water Service to Project. The City hereby agrees wfth Landowner
to provide Veated water service to the Project under the terms of this Amended WSA in
such quantities end to the extent herein provided so as to serve the structures and uses
authorized by the Restated and Amended Pre-annexation Agreement for the Project, as
set forthinlhefinalrecordedplatfortheProject. LandownerunderetandsthattheCitywill
be the sole provider of treated waterto the Project and the Property to be Annexed, except
as noted herein. Pursuant to this Agreement, the City shall provide treated water service
adequate to meetthe approved demands and uses of the Project, provided, however, that
the City shall not be required to supply waterto serve more than 76.7 ECUs for the Free
October 44, 4003 F7ne1 Ereeution Copy
Wee RmnApeeeeu inn Aewl"p"mJ 119)lRer.ObPo1
_,V Preannexation Agreement 29.43
,.. ,.
..,
r`
Market, Fathering Parcel and Ranch Manager lot wmponents of the Project (hereinafter
'Private Project Component'), and further provided, that the maximum volume of treated
water the City shall be required to provide to the Private Project Component pursuant to
this Agreement shall not exceed 32 acre-feet per year. The City agrees that the
Landowner may provide water service to the Cabin site and the Fathering parcel by use
of two legally permitted exempt wells.' The City also agrees that a Cultural Use Center is
being considered to be developed by Landowner. To the extent such Cultural Use Center
is approved for development iri the final plat process, the parties agree that the ECU
calculation for the Private Project Component shall be revised to include the number of
ECUs required for the Cultural Use Center, and that the Landowner shalt be obligated to
convey water rights pursuant to paragraph 10, and to pay tap fees, system development
charges and hookup charges pursuant to paragraph 13, and other water service charges
related to the Cultural Use Center attributable to the addltbnal ECUs calculated for the
Guttural Use Center. Only those structures and uses approved by the City for the Project
may be served under this Agreement. Nothing herein shall be deemed to restrict the
amount of water delivered tothe Affordable Housing Component of the Project (hereinafter
"Public Project Componont') being developed by the City.
2. Citv Water Policies. The parties agree that the City's water policy set forth
in Resolution No. 5, series of 1993, as amended by Resolution No. 49 (series of 1993) end
Resolution No. 9 (series of 1996) of extending water service outside the City's geogreph-
ical boundaries while also promoting environmental interests is furthered by Landowner's
° commltments contained in this paragraph, and that Landowners commitments are an
.important inducement to the City to providewaterservicepursuanttothisAgreement. The
parties recognize that the Landowners water rights are tributary tc Maroon Creek and
Willow Creek and That the Cily owns the Maroon Ditch right, also tributary to Maroon
Creek. The Maroon Ditch was decreed in CA 3723 with non-irrigation Priorlty No. 11 on
August 25, 1949, with an appropriation date of August 12, 1892, and consdidated wfth
Priority No. 208A, is used for municipal and hydroelectric purposes. Use of the City's
Maroon Creek Hydroelectric Plant is subject to a permit issued by the Federal Energy
Regulatory Commission ("FERC'), which requires that the City bypass 8 ds at such times
as it operates the hydroelectric plant. Landowner recognizes that the City may at some
time seek or be required to obtain water court confirmation of its right to call for both the
bypass flow and the water required forthe hydroelectric plant under lts 1892 Maroon Ditch
right. Landowner, foritself, its successors and assigns, acknowledges and agrees thatthe
City's Maroon Dftch hydroelectric water right includes the 8 cts bypass requirement
imposed by the FERC permit. In addition, if the City applies to the water court for
confirmation of its right to call for the water required for the hydroelecbic plant under lts
Maroon Dtch right, including the 8 ds bypass requirement, then Landowner and its
`Although the Ciry does cwt generally allow privately-owned wells, an exception has been made to
service the Cabin due to its unique lowdon and Ne diffiwlry of providing Cily water service to the Cabin
locagon, and in recognition of the Landowner's contribution to the Cit)/s affordable housing needs as
described in tltePre-Annexation Agreement. This exception is not precedentfortuture approvals of privately-
, owned wells within the Ciry or within areas suDPlied wltn City water seMce. The Fathedng Parcel is curentty
served by an exempt well, as noted in more detail in paragreph a herein.
Oetoher 22. 200] Final Execution Copy
Wars.SsmnAr,vna~ IAe"drlepwa41L9)IRrv. 06~fla
29.44 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
successors and assigns, agree not to oppose, directly or indirectly, the City's water court
application.
3. Limitation of Time to Provide Service. The City's obligation to provide water
service to the Project pursuant a this Agreement shall terminate'rf the final plat far fhe
Private Project Component has not been reCtlrtled by the date provided in the Amended
and Restated Pre-Annexatbn Agreement (or any amendments to it), unless that deadline
is delayed by mutual agreement of the parties or by /once majeure as defined in paregreph
29 below, in which case the deadline shall be exlentled by Me same number of days as
the /once majeure delay that prevented recording of the plat.
CONSTRUCTION BY CITY
4. Desicn of Mains Lines and Facilities. The City will be responsible for the
design of the water transmission and distributon mains, assodated facilities and internal
distribution lines for the Private Project Component in accordance with and subject to the
City's design, materials and construction specificetions, and indudinp such Shadng Of
fadlifies as may be necessary or precfical to provide water service to the Public Project
Component. The timing of design shall be in conformance xrith the provisions in paragreph
6 bebw. (Water mains, lines and infrastructure required to serve the Public Project
Component, that cennM be shared wkh the Private Prdjed Component w10 be the City's
sole respoRSibility, as set forth in paragraph 5 below.)
~. - 5. t'ost Allocation and Desicn Dispute ResolufW~n. The parties recognize that
the Private Project Component and the Public Project Component will both be served by
a common looping water main system that has not yet been designed. The parties further
agree that all design and construction costs of any water system fadltlies or improvements
located within the Project that are primarity used for a common benefd for the Public
Project Component and the Priva[e Project Component ("Shared') shall be sharetl on the
basis that 76.7 ECUs bear to the total ECUs within the Project (a fractional formula where
thenumeratoris76.7 ECUsandthedenominatoris76.7ECUsplusthemaximumnumber
of ECUs to ba used within the Public Project Component). The Public Project Component
is estimated to build between 225 and 330 un8s, at an estimated 1 ECU per unk,
representing at least 75% of the total ECUs. Adjustments may be made, as noted in the
responsibility be greater than 25ga of such "Shared' costs; provided, however, if the
Culture) Use Center (previously described in paragraph 1 above) is approved, then if the
percentage of the ECUs for the Private Project Component, including the ECUs for the
Guttural Use Center, exceed 25% of the all the ECUs for the Public Project Component
and the Private Project Component, then the 25% limft referred to above shall be increased
by the percentage increase in the Private Project Component ECU's represented by the
ECU's attributable to the CuRural Use Center. For example, if the Guttural Use Center
requires 7.67 ECU's (e.g. a 10°k percent increase in the Private Project Component
ECU's), then the 25% limit shall be increased by 10°h, e.g. to 27.5%.
October 22,1003 Fnal Execution Copy
WMaSoria AraeNmflxwde,Nep°af) lyy>(R'a. °b'1°I
ICI PreannexationAgreement 29.45
,,,~
Although the common looping water main system to serve the Private Project
Component and the Public Projed Component has not yet been designed, a preliminary
design drawing showing the expelled locations d the water main system is attached as
Addendum 1 (which includes Addendum 1A and 1B). Those mains identified in red on
Addendum 1, and descdbed as "City Only" will be designed, consWcted, and installed at
the City's sole expense. Those mains itlerrofied in tNUe on Addendum 1, and described as
"Landowner Only' will be designed, constructed and installed in conformance with the cost
shadng provisions and reimbursement schedule described in the Pre-Annexation
Agreement and as set forth herein. The cost of design, construction and installation of
those mains identified in purple on Addendum 1, and described as 'Shared' will be
allocetedbetweentheCityandLandownerashereindescdbed. Thedesign,construction
and installation of those mains identfed in orenge on Addendum 1, and descrbed as
"Shared + Upgrade" mains are expelled to be upgraded from the size that would be
required tp serve only the Public Projed Component and the Private Project Component.
The incremental costs of such ovels¢ing shall be the City's sole responsibility. Therefore,
the costs for the "Shared + Upgrade" mains will be allocated as follows: First, fhe parties
shall allocate costs as described fora `Shared" line between themselves for the siting
required to serve only the Public Projed Component and the Private Projed Component
Second, all additional costs for design, censUuction and installation of any overeizing of
such mains at the City's requeM ("incremental coek")shall be calculated as en additional
cost to be solety allocated to the City.
The parties recognize that the loatons of the mains shown on Addendum 1 may
be revised as final design drawings are developed. If changes are made, and the parties
cannot agree between themselves whether.fadlities not shown on Addendum 1 are
considered to be'shared" facilities, an independent dull engineering firm Shall be mutually
selected by the parties to make the determination of what facilities are considered to be
"shared"facilities. Shouldanydisputeordisagreementarisebetweenthepartiesastofhe
cepadty, tlesign, or lay-out of the potable water system for the Projed, the parties shall
submkthe disagreement to the independent engineerwhose findings shall be binding and
conclusive as to the allocation and dispute. The City and Landowner shall share equally
in the cost of The independent engineer's services.
,6. Construction. Following annexation of the Property ro be Annexed and
due diligence to design and construct the watertrensmissan and distdbution mains, lines
and associated fatalities in accordance with the plans and specifications. All precenstruo-
lion planning end design of the water system forthe Private Projed Component and Public
Project Component shall be complete no later than six (6) months from recording of the
final plat of the Private Projed Component. and consWctron shall begin immediately titter
the design and planning is final. The City shall submit all preconsWdion designs and
plans to the Landowner such that Landowner has at least 45 days to review them and
provide approval or comments to the City prior to expiration of six (6) months after
recording the final plat of the Private Projed Component. Once all preconstruction plans
and designs are approved by the parties, they shall not be substantially mod~ed except
_ by agreement between the parties. It is acknowledged that final determination on
October 22, 200? Flnal Fxeeutlon Copy
Wew.krnre Arrtx,e"r r"ewee,elopwe,p iln~rxev. W.Yb~
29.46 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
acceptable alignments, easements, PRV locations, and similar technical engineering
elements for the design shall not be considered substantial mod cations. It is anticipated
that construction will be completed no laterthan 18 months from recording of the final plat
of the Private Project Component.
7. Pretaooine. "Pretapping" is defined as connection of an individual service
line to a main or distribution line when the main or distribution line is installed. Should
Landowner wish the City to pretap the distribution lines serving the Private Project
Component, a Pretapping Agreement will be required by the City.
CONVEYANCE OF WATER RIGHTS AND EASEMENTS
8. CgnvevanceofWaterRiehtsandStructures. Landowner shall convey to the
City the water rights described on Addendum 2 and as described herein. The Cily and
Landowner agree that said water rights are believed to be sufficient in quantity and quality
to allow the City to divert a quantity of water which is necessary, without administrative
curtailment, to meet tho amount of treated water required for the Private Project
Componentof the ProjectZ (previously labeled "Landowners Dedication Requirement"). In
addition, Landowner shall also convey to the City water rights sufficientto meet the lesser
of (1) the raw water irrigation. requiremenW of the open space essociatod with the Public
Project Component or (2) the irtigation requirements of the number of acres, not to exceed
,;, ten, historically inigated on the 20-acre parcel committed to the Public Project Component
as shown nn Exhibit "B" to the Restated `and Amended Pre-Annexation Agreement
~- ("Dedicated Raw Water Rights'). The parties agree that once the number of acres to be
irrigated with the Dedicated Raw Water Rights pursuant to the foregoing sentence has
been determined, the Dedicated Raw W afar Rights to De conveyetl will be computed as
0.09 cfs per acre, so long as the acres identified were historically inigated. The Dedicated
Raw Water Rights are also described on Addenda I. Landowner shall convey the
Landowner's Dedicaton Requirement upon approval of the first final plat for any portion
bf the Pdvate Project Component. landowner shall convey the Dedicated Raw Water
Rights within 30 days of a request to do so from the City which is accompanied by the
approved plat of the Public Project Component which quantifies and designates the
acreage which will be irrigated by therawwatersystemforsaidcomponent. Contempora-
s7he partia recognize tlW Ne prettnt inJ,outt dertends of the Properly arc served by • legally-pemdned nempl well.
AllhwBh the Ciry daa nor BenenllY Blow privaklY-owned wells, en eawpUw has been mde in this ease in recagninon of We
unique value of Landowner's eontnbution to the Ciry's aRordable horsing needs u described in the Prc-Amnaoon Agreemrnt.
service. 7fie homes aerved by the wet I my Conti n lie to use the well until the 6iul home using the well ie wnneckd ro the Ciry trnted
,rarer synsn At the raMowner'x oprien, the home cumrntlY served by the well rNY wmect ro Ne Ciry belied water system at
such time a the treated water synem is available to them for <onneaiw. Whenever a hone is disegnnectd ban Ne wall aid
wnnecled to tle Ciry treated water synem, a cerrificuiw shall be povided ro the Ciry stating tlet ther<arc no crosaconnatiwa
between thewell aM theCirytrntedwatersystem. The Cirymayrequen amud certiflntionstherceflv. WhenMe finJ homeuung
thewell hu barn cameaed ro the Cirytrnted water system, thewell will be used onlYrorsto~k watering. 7lsewell maybe impeatd
annwlly a the ogion of the Ciry to asmrc shat Nerc is no ao3atonneaion ro the Ciry's treated water syuem. I[Cor any rrawn, a
rcplawment well isneceuery[orthe wminucd water service tothe ezuting harcsor[err the atak waseringronlyw<II (ifall eurtmr
hams arc connentd to Cirytreated water), then the Landowner shell wtiythe Ciry ofrhe necessaryreplacemrnt, eM shall provide
a wrtifiudw Ihu there arc no aoaseanrections bnwern the new well and the Ciry bested water syuem. tardownn droll
disconnect, plug and ahandw the okl well in the manner required by the Colorado Stale Engireer.
Ocrabar 23. 300J Final Execudon Copy
warn Semn Ar,ewn, fan'Anelopmm+„J ILy) fRrv. 06%)
~V Preannexation Agreement 29.47
,~~ -~,
neously with each conveyance of water rights, Landowner shall convey to the City a
proporbonate interest in any ditches,~flumes, headgates or other structures and
easements, or interests therein, necessary to utilize such water rights'. All conveyances
required by this paragraph shall be in form mutually acceptable to Landowner and the City
Attorney, and shall be a prerequisite to provision of water service to the Private Project
Component. In addition, cohtemporaneously with each conveyance of water rights,
Landowner will also provide to the City all information in ds possession or available to it,
regarding the historic use of said water rights, incuding well pumping records, diversion
records, irrigation records, aerial photographs, affidavits, and all otheravailable information
concerning the use of said water rights.
to the City surveyed as b It non--exGusrve easeme is for water mainsnlines, tanks a d
other water facilities, along with all necessary access easements for maintenance and
repairpurposeswithinthePnvateProjectComponent("easements"). Thewatermainand
water line easements must be large enough to provide the City with at least ten (10) feet
on either side of water mains and lines and must specify that (1) sewer lines must be
located at least ten (10) feet from any water main or line, and (2) other utilities must be
located at least five (5) feet away from any water main or line. Access easements and
easements for tanks and other facilitiea shall be of a size determined by the Cky to be
reasonably necessary for the operation, maintenance and repair of the tank or otherfacility
to be located on such easement. Each party shall be solely responsible for any injury or
damages, including costs and attorneys' fees, to persons or property arising from its own
negligent acts or omissions occurring on or resulting from its use or occupation of any
easement premises. Nothing contained herein, however, shall constitute or result in any
waiver or tliminishment ofany defense or Ilmttatlon available tD the City under the Colorado
Governmental Immunity Act or other applicable law. The City acknowledges that such
easements may cross irrigated lands which are under active irngaGon, and agrees to
provide ten (70) days notice to Landowner prior to accessing such easements, or such
notice as practicable in an emergencysRuation. City also agrees to use reasonable efforts
to minimize interferencewRh the agricultural uses when accessing easements, and agrees
to use reasonable efforts to restore the land surface such that irrigation water use can
resume in substantially the same manner as tt did before the City accessed the
easement(s).
The City shall have no obligation to provide water service to the Project until the
easements and water rights have been conveyed as herein provided.
10. Water Balance for Private Project
irrigated 86 acres of land within the ProjeMfrom its interest n theaWiOow and Renick Ddclh
Syslem, divened at venous points along the Willow and Herrick Ditch System which are
owned or controlled by Landowner. The parties recognize and agree that the Project will
aThe penis recognize shu a new mutual ditch company known m the Willow and Hemiek Dimh Company hu 6een
megrponted. Whm the requircmenl to convey interests herein to the Ciry occurt, a pmponionsse number oratock renilcata may
be wnveyed.'Ihe City agrees sojain in and wppon the Ditch Company.
October 22, 2003 Final Execution Copy
Wen Sernn Afmnmr lanr eewley„anl I N) Ifler. 06. %I
29.48 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
result in the reconfiguration of areas irrigated, means of irrigation and water uses. To
ensure that, as between the parties, no material enlargement of water use occurs,
Landowner agrees that no more than 66 acres within the Private Project Component may
be irrigated from the W illow and Hemrick Dftch System less (1) the amount of land removed
from irdgation to satisfy the Landowners Dedication Requirement (4 acres) and (2) the
number of acres to be irrigated by the Dedicated Raw Water Rights. The parties have
agreed that the rate of diversion of water attributable to Landowners retained water rights,
the Landowners Dedication Requirement and the Dedicated Raw Water Rights, from the
W illow and Hanick Ditch System at the Property's boundaries for irdgation, ponds, water
features and all other raw water uses associated with the Private Project Component will
not exceed an annual average of 5.0 ds. The foregoing amount assumes that a greater
amount ofwater, corresponding to Landowners retained water rights plus the Landowners
Dedication Requirement and the Dedicated Raw Water Rights will generally be diverted
into the W illow and Herrick Ditch System's headgates. Landowner shall be free to further
change or balance water use as contemplated in paragraph 21, below, so long as the
above limitations on diversion rate and overall irrigated acreage within the Private Project
Component are not exceeded.
REIMBURSEMENT BY LANDOWNER
1 L Reimbursement by Landowner. Upon completion of construction, the City
shall promptly provide to Landowner a detailed statement of the certified cost of
construdion, including engineering costs, design drawings and construction plans, adual
consWdion vests, insurance, construdion inspection fees, pennft fees, the cost of
obtaining as-built drawings on reproducible sepias with maximum size of 24" x 36" and on
an AutoGad electronic tlata transfer file tletl Into one set of state plane coordinates, and
an administrative fee equal to 5°k of the construction costs. The City shall not charge or
include in the certified costs anytime of its employees or staff, it being understood that the
administrative fee is being charged in lieu thereof. In addition, the City shall provide
documentation evidencing the reimbursable cost items. Landowners share of the cost of
installation of utilities provided to the Property to be Annexed which are to be shared
between the Public Projed Component and the Private Project Component, as shown on
Addendum 1, or, 'rf the foal design drawings differ from Addendum 1, as may be
determined to be 'shared" facilities, induding, without limitation, any redundant looped
segments which are constructed for the primary benefit of the Private Project Component
and the Public Project Component, shall be based on the ratio of the 76.7 ECUs to the total
ECUs in the Private and Public Projed Components as described in paragraph 5, above.
but in no event shall the Landowners responsibility be greater than 25% of the Shared
costs.
The certified cost shall be reimbursed to City in accordance with the Reimbursement
of City Costs provisions contained in Sedion 1(H)(e) of the Pre-annexation Agreement to
which this Agreementis an attachment, and is subjed to adjustment as therein provided.
The City shall have no obligation to provide water service to the Private Project
~- Component, or may discontinue water service; if it is not reimbursed for the
October 21, 1003 Final Execution Lopy
Womr Servitt Agreement (n~devdopnm0l}91(Rev. 06-941
a/~~ Preannexation Agreement 29.49
~~
^~
f;'
certified costs in accordance herewith (or, if a dispute has arisen as to whether
certain facilities are shared, If the City Is nat reimbursed the costs of the utilities for
the Private Project plus those attributable to the shared facilities as determined by
the independentengineerresponsiblefordispute resolution pursuant to paragraph
5, above).
WATER SERVICE
12. Treated Water Service. Upon completion of construction and Landowner's
conveyance of the required easements and water rights, and reimbursement of the
certified cost as and when required by the Pre-Annexation Agreement, the City will provide
treated water service to the Private Project Component to no more than the total number
of Private Project ECUs (not to exceed 76.7 ECUs) provided for by the approved final
recorded plat and design drawings for the Private Project Component, provided that the
maximum number of ECUs andvolume of water the City shall be required to supply each
year to the Private Project Component shall not exceed the amount (in acre-feet) set forth
in paregreph 1 above. Any increase in the treated water service requirements fur the
Private Project Component will require approval by the City, and amendment of this
Amended WSA.
The treated water to be delivered by the City pursuant to the terms of this Amended
WSA may be used for all lawful in-building municipal purposes, and for fire protection,
swimming pools and the normal and reasonable outside ircigation of trees, lawns and
' gardens. Landowner agrees to adopt, in a form acceptable to the City Attorney (whose
approval shall. not be unreasonably withheld) covenants which restdct the use of Veated
wafer delivered hereunder by single family units to no more than 10,000 square feet per
lot of lawn and garden irrigation by drip or sprinkler irrigation means, and which requite
compliance with the provisbns of paragraph 22 hereof. Notwithstanding the foregoing, all
water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, as
amended, (Series of 1993)), and waterconservation and curtailment ordinances, and other
water policies curcently in effect or as may be enacted or amended in the future, provided
such future policies orCode enactments or amendments do not materially impact the dghts
of Landowner under this Amended WSA or the Restated and Amended Pre-Annexation
Agreement.
13. Tao Fees and Svstem Development Charges - Computation and PavmenY
Scheduling of Taos. All tap fees for treated water service herein provided shell be
assessed utilizing the City's prevailing applicable tap fee at the time of application for a
building permit for the structure for which service is sought. No water service shall be
provided to any structure absent payment of the appropriate tap fee and any applicable
hookup charges. Tap fees and hookup charges shall be paid atthe time of building permit
issuance. Unless a Pretapping Agreement has been executed by the Landowner, the City
Water Department shall determine scheduling of all physical taps or connections to the
main lines.
October TT, T0a3 Final Execution Copy
Wattr Servim Agrremm, lnewderelopnem111N1(Rev. 069dJ
29.50 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
Landowner shall also pay to the City a well system development charge in the
amount of $400 per Pdvate Project ECU within the Private Project Component. Payment
oT this charge shall be made in installments as specified by the Restated and Amended
Pre-Annexation Agreement and is subject to the same adjustments. The total well system
development charge for the entire Private Project Component must be paid in full before
any delivery of water will be made to the Private Project Component by the City.
14. Service Lines and Meters. Each service line within the Private Project
Component shall be metered in accordance with the Code at the sole expense of
Landowner and cross-connection and backflow prevention devices will be installed at the
water user's expense. An automated meter reading system shall be installed for all new
customers who will be served by the Private Project Component.
15. Limitations on Provision of Water Service. This Amended WSA is only for
the supply of raw and treated water service as herein described and no expansion of uses,
connections, orwater service beyond those set forth herein is in any way authodzed by this
Amended WSA. The City is not by this Amended WSA prejudging, certifying or
guaranteeing its ability to provide treated water service to any use or structure except as
provided herein, nor may this Amended W SA be used as evidence of approval of any land
use requests, or as evidence of approval of water service for any lond use request, except
as provided herein.
16. Service Subiect to the City Charter. Codes. Rules. Regulations and Policies.
Landowner and its successors in interest shall be bound by, and all water service provided
hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen
and the Aspen Municipal Code (Including those regaming curtailment in times of water
shortage), as well as all applicable rules, policies or regulations of the City now in affect or
as may be hereafter adopted, provided, however, that any Tutu re ordinances, rules, policies
or regulations do not materially impairthe rights of Landowner under this Revised WSA or
the Restated and Amended Pre-Annexation Agreement.
17. Rules Regarding Water Use. Subject to the provisions of this Amended
WSA, Landowner agrees to adopt all pertinent provisions set forth herein as rules and
regulations governing the use of water in the Private Project Component, and agrees that
this Amended WSA (including its Addenda) shall be rewrded as covenants running with
the land and shall be fully enforceable on the Property to be Annexed. Landowner agrees
to assist the City in every manner reasonably possible to enforce the City's ordinances,
rules and regulations made to protect purity, safety and supply of the water delivered
pursuant to this Amended W SA, including curtailment during times of shortage, elimination
of any potential crass-connections, and the utilization of water conservation devices as set
forth in the Code. Landowner also agrees to prohibit all unnecessary or unreasonable
waste of water on the Private Project Component served by this Amended WSA, and to
make reasonable efforts to enforce such prohibition. The unreasonable or unnecessary
waste of water shall be defined as set forth in the Code.
October 21, 2003 Final Execu[ton Copy
Wma SrmmArreeMenr (rim derclopmmq l3Nl(Ra.OA--d) 10
Preannexation Agreement 29.51
-~•,
I 18. Source of Water Suooly. The parties to this Amended WSA recognize that
the Citys water supply is dependent upon sources from which the supply is variable in
quantity and quality and beyond the City's reasonable control; therefore, no liability shall
attach to the City under this Amended WSA on account of any failure to accurately
anticipate availability of water supply or because of an actual failure of water supply due
to drought, inadequate runoff, poor quality, failure of infrastructure, or other occurrence
beyond the Citys reasonable control.
19. No Guaranri of Water Quality Quantity or Pressure. The City makes no
promise or guarantee of pressure, quantity or quality of water supply for any purpose,
including fire suppression, except as specifically provided herein or as is required by
applicable federal, state and local laws and regulations. The City agrees to treat its water
to meet all mandatory local, state and federal potable water standards.
20. Property Richts in Water. All treated water famished by the City under this
Amended WSA is provided on a contractual basis for use on the Private Project
Component as described in thisAmended WSA, and all proporty rights to the treated water
to be famished hereunder are reserved to the City. Treated water service provided by the
City under this Amended WSA does not include any right to-make a succession of uses
of such water, end upon completion of the primary use of the treated water on the Private
Project Component, all dominion over the treated water provided reverts completely to the
City. Subject to the prohibition against waste and any other limitations on treated water
use imposed in 4his Amended WSA, Landowner shall have no obligation to create any
parlicularvolumeofretumflowiromthetreatedwaterfumishedunderthisAmendedWSA.
Landowner agrees to cooperate with the City in measuring and reporting return flows to the
extent such measuring antl reporting are required by the Colorado State Engineer or his
agents.
RAW WATER USE
21. Raw Water Use. The Dedicated Raw Water Rights shall be conveyed to the
City as provided in paragraph 8 above. The Dedicated Raw Water Rights, upon
conveyance to the City, shall be committed for use by the City to meet the raw water
requirements for the open space associated with the Public Project Component.
Landowner shall utilize all or portions of Rs retained water rights in accordance with
paragraph 10 above for the continued ranching operations, to the extent such are
economically or practicably viable in Landowners sole determination, and for the Private
Project Component raw water irrigation, pond uses and water features. In the event
continued ranching operations are hereafter determined by Landowner to no longer be
economically or practicably viable, in Landowner's sale discretion, such water shall be used
on the Property for open space irrigation and other uses and shall not be severed from the
Property for use on any other lands.
Landowner shall be solely responsible for obtaining any water rights, changes of
waterrights,andaugmentationplansnecessarytopermitstorageofwaterinanyproposed
Ocro6er 21, 4003 Final Execution Copy
Waer 4rvlee Aymmenr (new MvAopmnr)1191(Rer. 06-R) 11
29.52 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
f ~.
..~
~, ponds or any changes in place of use within the Private Project Component. Landowner
agrees that unless this Amended WSA is amended, neither Landowner nor any owner of
all or any portion of the Private Project Component will develop or utilize independentwells
within the Private Project Component, except as permitted in Footnotes 1 and 2 of this
Amended WSA. Covenants shall be adopted which are mutuallyacceptable to Landowner
and the City which prohibit any subsequent lot owner from initiating any new water rights.
or seeking any changes to water rights; it being understood that only Landowner or its
successor homeowners association(s), and not the individual lot purchasers, shall have
that right.
22. Compatibility of Raw and Treated Irrication Systems. The parties each
recognize that the raw water irrigation system to be designed, constmcted and operated
by Landowner for the Private Project Component shall not be interconnected with any
treated water irrigation system which is supplied with water hereunder. To ensure
compliance with the limitations on the amount of treated water irrigation allowed per lot and
the requirement thatthe systems not be interconnected, the parties agree to establish the
protocols for.water use set forth in this paragraph: t) All raw water delivered by sprinkler
means shall. be mapped by Landowner and the map delivered to the City; this map may
be modified at Landowners discretion' provided any remapping is promptly delivered to
the City; 2) all sprinkler heads which deliver raw water shall be painted retl to clearly
designate their raw water status; 3) the City shall have the right to inspect the lots and
properties compdsing the Private Project Component at reasonable times to confirm and
monitor which areas receive raw water versus treated water irrigation (which inspection
shall be coordinafed to the extent reasonably possible with the operator of the raw water
system); 4) the raw water system shall be owned by one entity established by Landowner
antl that entity shall designate an operator to maintain and operate the raw water system
and be the liaison with the CRy; and b) the raw water irrigation system shall be designed
and operated so as to prevent individual lot owners from operating the raw water system
except through the designated system operator.
VIOLATIONS
23. Enforcement by the Citv. The parties to this Amended WSA recognize and
agree that the City has the right to enforce its rules, policies, regulations, ordinances and
the terms of this Amended WSA by the disconnection of the supply of water provided
hereunder. Additionally, in the event that Landowner or any user who has purchased or
leased a portion of }he Private Project Component violates the rules, policies, regulations
or ordinances of the City, the City shall have all remedies available to it at law or in equity,
or as provided in the Code. W ithout limiting the foregoing rights and remedies, Landowner
agrees that the City may also enforce such violations by injunction, the parties agreeing
thatthe damages tp the City from such violations are irreparable, and there is no adequate
remedy at law for such violations.
'However, the parties agree that any modification o(such mapping will not result in [aw water irsigation of
(ands also irtigated using treated water.
October 22, 2003 Final Execution Copy
Wmnsm¢e A6rzmrcn, (na EevelWmen~l I}ry]lRev. 06--e1 12
~~ Preannexation Agreement 29.53
s
.A.
~.,
Notwithstanding the foregoing provisions of this paragraph, if an individual owner
or lessee within the Private Project Component (otherthan Landowner) commits a violation
with regard to water delivered to his owned or leased property, only that individual owner's
or lessee's water service shall be disconnected, and enforcement actions will be directed
toward that violator, and not toward those who are not violating this Amended WSA.
TERMINATION
24. Termination by Agreement. Except as provided to the contrary herein, this
Amended WSA shall only be terminated in carding by mutual agreement and the tens of
this Amended WSA shall continue until such termination, and shall not be affected by
annexation of the Property to be Annexed.
25. Termination if Illecal. The parties agree, intend and understand that the
obligations imposed by this Agreement are conditioned upon being consistent with state
and federal laws and the Code. The parties further agree that if any provision of this
Agreement becomes in its performance inconsistentwith the Code or state orfederal laws,
or is declared invalid, the parties shall in good faith negotiate to modify this Amended WSA
so as to make it consistentwith the Codc or state or federal laws as appropriate, and if,
after a reasonable amount oftime, their negotiatidns are unsuccessful, this Amended W SA
shall terminate.. The City agrees that its contractual obligations hereunder will not be
impaired by any amendment to the Code unless such amendment (or impairment) is
mandated by state or federal law.
GENERAL PROVISIONS
26. No Regulated Public Utility Status. The parties agree that by this Amended
W SA the City does not become a regulated public utility compelled to serve other parties
similady situated. Landowner agrees that neither it, nor its successors in interest or
assigns shall at any time petition the Colorado Public Utilities Commission to acquire
jurisdiction overany water rate set by the City. The parties agree that in the event the City
is held to be a regulated public utility by virtue of this Amended WSA, this Amended WSA
shall terminate and be of no further force or effect.
27. No Waiver. Failureofapartyheretotoexarciseanyrighthereundershallnot
be deemed a waiver of any such dght and shall not affect the right of such party to exercise
at some future time said right or any other right it may have hereunder.
28. Notices. All notices required to be given shall be deemed given upon deposit
in the United Siates mail, first class postage prepaid, propedy addressed to the person or
entity to whom directed at his or its address shown herein, or at such other address as
shall be given by notice pursuant to this paragraph:
To: City of Aspen: City Manager, City of Aspen
- 130 South Galena Street
October 2Z, Y003 Final Execution Copy
Winer&rviee Aereemenllnew Aevela0mem)I]r91 (Rev. Ob9d) 13
29.54 Bar Slash X Ranch LLC -Annexation and Stage Road PUDlSubdivision: Final Submission
:~
Aspen, Colorado 81611
with wpy to City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado
81611.
To: Landowner:
-tx Ranch, LLC
do John and Pamela Liflon
P.O. Box 997
Telluride, CO 81435
with copies to:
Herbert S. Klein, Esq. Kevin L. Patdck, Esq., Ramsey L. Kropf, Esq.
201 N. Mill St., Ste.203 730 East Durant Ave., Ste. 200
Aspen, CO 81611 Aspen, CO 81611
29. Force Majeure. No party shall be held liable for a failure to perform
Hereunder due to wars, strikes, acts of God, natural disasters, drought or other slmllar
occurrences outside of the control of that party.
30. Severabil' If any provision of this Amended WSA shall be or become
invalid or unenforceable, the Amended and Restated Pre-annexation Agreement and the
remainder of the provisions of this Amended WSA shall not be affected thereby, and each
and every provision shall be enforceable to the fullest extent permitted by law.
31. Remedies. It is mutually agreed between the parties that in the event of a
breach or default hereunder, the parties shall have all remedies in law or at equity,
including the remedy of specific performance in any litigation between the parties.
32. Amendment• Assignment. Neither this Amended WSA, nor the obligations
of either party hereto, nor the right to receive water service hereunder, may be amended
or assigned without the written consent of the parties hereto, provided, however, that
owners of individual lots within the Private Project Component shall be subject to the terms
and conditions-ofthis Amended WSA and, to the extent herein provided, shall be entitled
to receive water service pursuant to this Amended WSA without amendment or further
assignment of this Amended WSA.
33. Entire Agreement. Except as othenviso provided herein, the Restated and
Amended Pre-annexation Agreement and this Amended WSA (including its Addenda),
supersede and control all prior written and oral agreements and representations of the
parties. The Restated and Amended Pre-Annexation Agreement to which this Amended
WSA is attached, forms the total integrated agreement among the parties governing the
matters provided for herein.
October 12, 2(103 Final Execution Copy 18
wa,erA'emnAgrennm,fnsw enelopvne) rIN/lxev.IMVeI
Preannexation Agreement 29.55
,~'~• -~,
34. Interoretation. TRles and paragraph headings shall not be used to alter the
meaning of this Amended WSA.
35. Time of Essence. Time is of the essence for this Amended WSA.
36. Binding Agreement -Recording. This Amended WSA is binding upon the
parties hereto, their successors and assigns, and any sale of the Project, the Property to
be Annexed, or any portion of either shall be subject to this Agreement as provided herein.
This Amended WSA, including the Addenda hereto, shall be recorded with the Pitkin
County Clerk and Recorder, and shall impose covenants running with the Land upon all of
the Project Property. Deeds to subsequent owners shall provide notice of this Amended
WSA and the obligations contained herein.
37. Governinc Law: Venue: Attomevs' Fees. This Amended W SA and the dghts
and obligations ofthe parties hereunder shall be governed by and construed in accordance
with the laws of the Slate of Colorado. Venue for all actions arising under this Amended
WSA shall be Pitkin County, Colorado. In the event legal remedies must be pursued to
resolve any dispute or conflict regarding the terms of this Amended W SA orthe rights and
obligations of the parties hereto; the prevailing party shall be entitled to recover costs
incurred in pursuing such remedies, including expert witness fees and reasonable
attorneys' fees.
~ ~ 38. Authorization of Signatures. The parties acknowledge and represent to each
other that all procedures necessary to validly contrail and execute this Amended WSA
have been performed and that the persons signing for each party have been duly
aulhorizetl to tlo so.
39. Counteroarts. This Amended WSA may be signed using counterpart
signature pages, with the same force and effect as if all parties signed on the same
signature page.
IN WITNESS WHEREOF, the parties have executed this Amended WSA the date
and year first above wdtten.
THE CITY OF ASPEN, COLORADO
ATTEST: A Municipal Corporation and
Home Rule City
y ey
CRy Clerk Mayor
APPROVED AS TO FORM:
Aspen City Attorney
October 22, 2003 Final Execution Copy 15
We,c Savire Agrumar (nn developmmp 11N1 rRa. 069d)
29.56 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
Landowner
-bc RANCH, LLC
By
,Managing Member
ATTEST:
By By
Title: Title
Approved as to Form:
PATRICK, MILLER & KROPF, P.C.
By:
Ramsey L. Kropf, Esq.
AttomeyforLandowner
October 21, 1003 Final Execution Copy 16
Waw Sem'a Arrnmm~llrcx'derelopmmU IL99 (Rer. 06981
~U Preannexation Agreement 29.57
~-,
This page intentionally left blank
29.58 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
r°
`.
~4~..
/°""
~.
U °'
N m ~ ~
~ .... ...~...
..... ... ~ N
~ (0
' E-
/_'- m >
• m ~
} ~
... ...: 7 p
m O
/ G ~ C ~
L /6 L_ C
0
3> 3
C ~ C C
o E q ~
~ ~ j J
• D ~
Y
d N
~ _ N N
N_ ~ _ N
om of
__________._. __._.__.___
C
LL
N
01 (~\\~.....
\\
(0
L m
U C
C '` r
(0
~
~
7
~ m n... s..~wi'~~~`
~
~
m /
C
CO
L
._..~__ U
C
f6
~
N
C )(
~ ~
7
U
Y
N
N
U
c
0
O
E
O ~ o ~
N
Q C
p (~
~ y L C
m
u, d E
r U C d a m
=
C
C ~
m ~ o
T N n
.
••
N
-
°' E
~
•S
7 ~
o m .
9= •
U w N O w
L
~ N O
O o ¢
• •
•M•
••
N
- .3 E n w o
o a n •' a
SO
Q
N ~-
a Q N
~ 'O N 3 a$
Q y
U N m x ~ °
I O N ~, m o O
U
y_.1 a ~ O O U h
T r a ~ y- U
T
~ ~"'
U ~ ~ t N m
o`
' "
C AU
N o
i
~
~
~
G .`~ ~ ~
~ U O
a v U
,
~~
~ m
N a U 5 ~'.
` E o
~ 3
L a C N :'~
o i 4nw~~
° LL
CS) R
- C N
C s
m 3 m
Y c c c c
._._._' a
c
Q r p
V N ~
~~o E f m
c
p m ESE c
(~ C
`~ O N
LL
A
3
U Q R morn 3
33
~ a ~
d o m° ~~~ S 8 0
E g X
^, ' U t z 0 0 0 0
`
`
`
`
LL/ .Q N j~ m~ x a a
a
w n
a v
(~
~
3
m
~~ ~
.. v
d
D U B y~q : I I $v
/~~
Y++J .6
Q 0]
~
m 'C N N
a o a ~
~
O
~
I
°m a
N
~ t N
N U t
D) I m u_
` "
F r i ~- 3
o ~ ~ w
c
a°
T ~
_ x
ac
~ aC
N
d ~
ma
3 m
O
N ~
c
O 4?
C =
N ~
N O
,~`. U
U w
N
CO
2
N ~.
~ U
a io
E
~ o
w ~
N
N
a
0
X
d
c
c
m
m
a
s
\\llll' ~~
I))•
~) ~__
\\
a
T
a
y
m
3
`o
X
N
N
U
O
E
J
~ N
C ~
yU
L ~
d
C ~
~ L
i ~
(0
`1 0
Qr
N >
N N
.4.
_ Addendum 2
Water Service Agreement
City of Aspen
-IX Ranch, LLC
WATER RIGHTS
A. Private Proied Component Convevance.
Final Execution Copy 5-9-01
-/X Ranch, LLC will convey 0.35 ds in total from its interest in the following specifically
described water rights, on a proportionate basis between the water rights:
1. The Willow Creek Ditch and water right, Pdority No. 129, as decreed in Civil Action
No. 132, Garfield County District Court (in former Water District No. 38), with an
adjudication date of May 11, 1889 and an appropriation date of July 1, 1885, far
which the total amount decreed is 3.0 cfs; and
2. The Willow Creek Ditch, First Enlargement and water dght, Priority No. 174, as
decreed in Civil Action No. 132. Garfield County District Court (in former Water
District No. 38), with an adjudication date of May 11, 1889 and an appropriation
,., date of May 1, 1887, for which the total amount decreed is 3.0 cfs; and
(' ~.
_ 3. The Willow Creek Ditch, 2nd Enlargement and water right, Priority No. 209, as
decreed in Civil Action No. 491, Ga~eld County District Court (in former Water
District No. 38), wiih an adjudication date of June 23, 1892, and an appropriation
date of April 15, 1891, for which the total amount decreed is 30.0 cts, and
4. The Herrick Ditch and water right, Priority No. 440%:, as decreed in Civil Action No.
3330, Garfield County District Court (in former Water Distdct No. 38), with an
adjudication date of February 5, 1940, and an appropriation date of October 1,
1890, for which the total amount decreetl Is 9.3 cfs, absolute; and
5. The Herrick Ditch and water right, Priority No. 683, as decreed in Civil Action No.
4613, Garfield County District Court (in former Water District No. 38), with an
~- adjudication date of June 20, 1958, and an appropriation date of August 1, 1951,
far which the total amount decreed is 51.56 cfs, absolute.
8. Conveyance of Dedicated Raw Water Riohts.
-/X Ranch, LLC will convey an amount of water sufficient to meet the lesser of (1) the raw
water irrigation requirements bf the open space associated with the Public Project
Component or (2) the irrigation requirements of the number of acres, not to exceed ten,
historically irrigated on the 20-acre parcel committed to the Public Project Component as
shown on Exhibit "B" to the Pre-Annexation Agreement as these terms are defned in the
Preannexation Agreement 29.63
,~
a.
-.
Final Execution Copy 5-9-01
_ W ater Service Agreement, which amount of water shall be computed on the basis of 0.09
- cfs per acre. The water shall be conveyed proportionately from the -/X Ranch, LLC's
interest in the following specrfically described water rights:
1. The W illow Creek Ditch and water right, Pdority No. 129, as decreed in Civil Action
No. 132, Garfield County District Court (in former Water District No. 38), with an
adjudication date of May 11, 1889 and an appropriation date of July 1, 1885, for
which the total amount decreed is 3.0 cfs; and
2. The Willow Creek Ditch, First Enlargement and water right, Priority No. 174, as
decreed in Civil Action No. 132, Garfield County District Court (in former Water
District No. 38), with an adjudication date of May 11, 1889 and an appropriation
date of May 1, 1887, for which the total amount decreed is 3.0 cfs; and
3. The Willow Creek Ditch, 2nd Enlargement and water right, Priority No. 209, as
decreed in Civil Action No. 491, Garfield County Distdct Court (in former Water
District No. 38), with an adjudication date of June 23, 1892, and an appropriation
date of April 15, 1891, for which the total amount decreed is 30.0 ds; and
4. The Herrick Ditch and water right, Priority No. 440'h, as decreed in Civil Action No.
3330, Garfield County District Court (in former Water District No. 38), with an
adjudication date of February 5, 1940, and an appropriation date of October 1,
_ 1890, for which the total amount decreed is 9.3 cfs, absolute; and
5. The Herrick Ditch.and water dght, Pdority No. 683, as decreed in Civil AMion No.
4613, Gafield County District Court (in former Water District No. 38), with an
adjudication date of June 20, 1958, and an appropriation date of August 1, 1951,
for which the total amount decreed is 51.56 cfs, absolute.
The amount to be conveyed forthe Dedicated Raw W afar Rights is of the total water
right decreed and is further limited to the irrigation of not more than the total acres
determined to be open space, which in any event shall not exceed the irrigation
requirements of the historically irrigated acreage on the 20-acre parcel, not to exceed 10
acres.
29.64 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
,...
Exhibit G: Intentionally Left Blank
,,
Preannexation Agreement 29.65
.,.,
~...
This page intentionally left blank
29.66 Bar Slash X Ranch LLC -Annexation and Siage Road PUD/Subdivision: Final Submission
m
N
~~
,~-
~.
p C /^~
O I..L
~ X
U ~ ~
C
~U
~~ ~ Q
~
`~T'
V `° Z
N
4
L
\ O
~ ~ V
Nz
m ~0
~ mN
a
0
x
a`
`~
,,
Exhibit I: Floor Area Calculations
EXHIBIT I
$eetlnna:
z637s.mo
26573.020
26575.030
26573.040
26573.043
26373.030
26.373.060
26575.070
26573.080
26375.090
26573.100
26575.110
26573.120
16575.130
26575.140
26575.150
26575.160
26575170
26575.180
26575.190
26575.200
26375.010
Chapter 26573
MISCELLANEOUS SUPPLEMENTAL REGULATTONS
General.
Calculatlom and messuremenb.
Opea Space.
Yards
Ionk Yard and Service Yards.
Fmcea
UtOity/trash uMce arcsa.
Ux puarc footage Bmitatlons.
Child rare center. -
Home oceupatioua.
Landsnpe maintenance.
Bu0ding wvelopea.
Sate0lce dish anteoaaa
Wireless Telecommndcatlon. Servkes FacNtles and Fgoipmwt
Accessory uses and accessory atrnctures.
Outdoor Lighting.
Dormitory.
Fnel s[onge 4nlu
Restaurant
Farmers' market.
Group Homes.
26575.010 General.
Regulations epeeifiedin other eettione ofthicTitle shall bo aubjectto tha folowing aupplcmrntnl
reguhttioos.
26.575.020 Cakuladoa and measurcmeota.
The purpose of thu Section is b set forth supplemenml regulations wbiclt relate b methods for
calculating and meesuring cutain rnt®matedterms as used m this Tifle. The definitions ofthe tense
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applias:
1. Getteral.In measming floor area forthepurposes of calculating floor arearatio and allowable
floor men, there shall be imludcd thm floor meawidrinihe surrounding exterior walls (mensurW
from thev exterior surface) of a building, m passion thereof.
2. 1)ec6 Balconier Porches. faaaiar and Stairwma. The calculaion of the floor arse of a
building m a porton thereof shell not include decks, balwnies, exterior stairways, tertaces and
689
we.rn.w>,.m
Preannexation Agreement 29.69
~„'
-~
16.575.010
similar features, unless the arm of these features is grater than fifteen (15) percent of the rtlazi-
mum alowable floor area ofthe building (the ezcesa of the 15°/s shall be included). Porohm shill
not be mwted towards FAR.
3. r my .. uroorts ad mmveArens. in all zone districts except the R-IS-B zone district, for
the purpose of calculatlng flomarta ratio and allowable flooramafor alotwhrsae priwipil use is
residentiil, gatagee, mrports, and storage cress shell be included up m a tnaximrw arm of two
hundred fifty (250) square feet per dwelling unit; all garage, mryort- rail sorage areas between
two hundred 5fty (250) rail five hundred (500) xquare feet shall morn fifty (50) peromt towards
allowable floorarca; ill garage, m[poR and storage meea in incurs otfive hundred (500) square
feet per dwcging wit shag be included as part of the residendil floor area calculation. For soy
dwelling wit which can be accursed 5rom m egey or privak road entering at the rear or side of
the dwelling wi; the garage shall only be excluded limn floor arm cilculatiorm up m two hw-
drcdfifty (250) square feetper dwelling wit it$ u lomkd rn said alley orroed; e0 garage, mr-
port and storage areas 6etwern two hundrd fifty (250) and five hundred (500) square fcet shall
mum fitly (50) perornt towards allowable floor area Fm the purpmea ofdetermming the exclu-
sion, ifarry, applica6lcm gamgm, carportt, rail storage rams, me ercaota0 strucerm on aparcel
shallbc aaartaauzL)n t)n R-IH zonedistdct, garage, carpnn, and storage arms shill be limited b
a five hundred (500) square foot inemption
4. ~uberade areas. TO determine theporiw ofsubgtade armsthetaramhemclndedmcalculat-
ingfloor area, the following shell apply:
~;n ~. a For myatory that is pardilly above and pardallybelow nahail or finished gmde,which-
ever k Iowa, the mkt pemmkge ofexteriorsurfece wall arm that u expmed above the most
-. rtstrictive ofNe pales shallhthe rant pertmtage nfthegross squarefmtageofthe aubjxt
story included in the flmrarmmlmlaDoa gubgmde smries with no exposed intariarsvrfam
wall area shall 1>r excluded from flora area ealmledons.
(P.xample: If fifteen (I S) percent of the exterior surface well arm has been exposed above
natural m finished grade (whiahevice is lower), then fifteco (15) percent of me gross sgtteta
fmmge of the subject story will be included as flora area)
b. Also included from flmr area nlenlstiom shell be any portion of n euhgmde saviceaory
dwelling unit whose extedm surface wall Brea is exposed above grade for glass, window
openings, doors, and similar ways of getting light rail art into me wi; or that providm rc-
quired Uniform Building Code egress m the wit The minimum a~smt of this inchrsion
shall be one hwdred (100) a.f of ma floor arm of me accessory dwelling wit
c. For enydwelling wit that can be acemsed frommageymprivaze road rnteungaztherearor
sidc of the dwelling wi; the garage m carport sbail only be e0gfble for the exclusions described io
orb-secdovs a and b. if it is lomkd along acid alley or road.
w.swx.xwr 690
29.70 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
r~
.",,~
26.575.010
d in the R•15B zoae disnict only, garages, carports, and storage areas shell be excluded
fiomraidrntial floor area alcularion up to amaximumof fivehundred(500) square feetper
dwelling unit.
5. (Repealed by Ord No. 562000, § 8)
6. Accessory Dwe/line Unirs. An Accessory IhvellingUnit shall be calculated and athtbutedm
the allowable floor area fm aPamel with the same inclusion and ntclnion for calcidatingFlom
Alta sa defined in this section, unless eli~ble for an exempfion as described below:
Demchedard cerman tH aBordabk ADUFIoorArea Exemndon.Onehundred(100)per-
cem of the Floor Area of ®ADU which is detached from the primary residence and deed re-
stricted as a "For Sale^ affordable housing urdt rnd tmnfetred m a qualified purchaser in accor-
dance with the Aspen/pitldn County Honing Authority Guidelines, as amrnded, shall be ex•
eluded from the calculation of Floor Area.- -
7. GhkedPavi(ion. Any element lidmigthe principal atrucoueto an accessorysttucnue shallnot
bs included in me edculatlon oftloor am provided tbatNe IWdng eavnnae ie no more tlm one
(1) storytaq six (~ feet wide and irn (10) fea long. Areas oflinking sWCmrea m excess of ten
(10) feet in length shell be coveted is floor area.
690-1 (.rs. ryy. a•yam)
Preannexation Agreement 29.71
r^~
~.,
^~
26.575.020
limit on the height of the ridgy Chimneys and other appurtenances may extrnd up m a
maximum of two (2) feet above the ridge.
d. Chimnrys, Amenrmr and OrFn Appurtenancar. Amm~naz, chimneys, Dues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum height
limit, except for roofs with a pimp of 8:12 m greater, these elemena may na extend mate
than two (2) fey above the ridge. Water towers and mechanical equipment shall not extend
over five (5) feet above the specified maximum hdght limit Church spires, bell towers and
like architecbinl prtsjecdmu, az well az flag poles. may extend over the specified mazi-
mumheight limit
2. Eueotionr for Bui/dinas rm Slooer. The muimum height of a buildimg's front (street fac-
ing) facade may extend for dte feat thirty (30) feet of the building's depth.
3. Exceptions for Arcawavr. LialuwelLs mtd Basemem SmirweBr. An meaway, IightweO or
bazement stairwell of leas than one hundred (100) aquam feet, entirety recessed behind the ver-
trcal plane established by the portion of the buOdingfacade which is closest to the street, and
enclosed oo all Poet sides to within eighiev, (la) h~cha of the lust Door level shall oot be
counted inwards marimnm permissible height
C. Lpt Area Excepf N the R15-B zone distdct, when Wculating floor area zatro, lot mess shall
include only areas with a elope of less than 20%. Tn addition, half (SO) of lot areaz with a slope of
20-30% maybe wunud towa[ds Odor area ratio; areas with slopes of greeter then 30% shallbe ex-
~<.,t"' eluded The total reducdon in FAR attributable m slope mdta:don fm a given site shall not excad
u%.
Also excluded tram total lot rota fm the pmpou of Oom area calculatons in all zmx distdeta
is that area tsncath the high water One of a body of water and Nat trey wi0un a vacated dghtof-
way, or within m existing or proposed dedicated right-of-way or surface easement. Lot aaa shall
include any lands dedicated m the City of Aspen m Rtkin County for the public bail system, any
opera 'irrigation ditch, m my Imda subject to m above ground o< below growd surface e85eamnt
such ss utilitla mat do not eoindde with road easements. When cdeulating drnrity, ]a ntea shall
have the same exclusions and inclusions u fa alculadng floor area ratio except for exclusion of
areas of heater than 20% slope.
D. Site Coverage. Sim coverage is typically expressed az a percentage. When calculating site
coverage of a structutt or building, the ez[edm walls of me structure or building at ground level
should be used. Porches, roofs, or balcony overhmgs, cantilevered building elements end sunilm
feattues exmnding ditecdy over grade shall be ezcWded from~~maximum allowable aim coverage
calculations. -
(OnL Nu.44-1999, Q7)
691 w,.am,
29.72 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
.~.
Exhibit J• ADU Regulations
26.520.010 F.701IBIT J
c..;:.
Chaptrs 26520
ACCESSORY DVVRI.LING UNITS
Section:
26520.010
Purponn
2652A.020 Getretal.
26520.838 Anfhosily.
26520.000 ADWnhr7ily.
2652AA50 Dt~ps Standards,
26520.OW CalenLfkn and Mnsnromentr.
26.520.070 Daed Ratstcdone and F.otos•cemmt
26520.W0 Ammdmmt otan ADU Development Oyster
26520.010 Pnrpox
The purpose of the Accessory Dwe6ing Utdt (ADU) program is to prontok the long-standing
eommueiry goat of socially, economically, and wvhonmenty]y responsible development pat-
krvs which bahurce Aspen nc~ ruorr and Aspeo the commrmiry. Aspen values belanoed
neighbahoods and a reuse of eornmooaliry between working residents and part-rime nsidmm.
ADUa represent viable housing oppommiliea for wonting ruidenrs aced Wow employs8 to
live within rite fabric of the commmdry without their housing being easily identifiable as "em-
ploys housng." ADUs also help to address the effects of existing homes, which have pro-
(~''"~~. vided warld'orce housing, bring aignificandy redeveloped, often as secood homes.
ADUa snppmt lanl Aspen bucinuaee by providing m employs base wlddn the mwo mtl
prov~n6 a mltleel mass of ]acal residents importao[ to preserving Aspen's chwaner. ADUs
avow second Iameownera the opportunity mhue m On-a1k caretaker to maintain their prop-
erty m their aMence. Lraeaecd employes housing oppommltles ht Uou proxintiry m employ_
meat and recreation uatas is also m-environmentally preferred Ind use pattern, which m-
dusa wtmmbik rclima.
Detached ADUs emulak a historic development pattern and maximiu the privacy and livabil-
ity of both the ADU sod the privwy nit. Dchclred ADUs aro mote likely to be occupied by a
]owl working resident, furthering a community goal of horning the workforce.
To the extent Aspen desires detxhed Accessory Ilwelling Units which provide viable and liv-
able housing opportunities to local working residents, detached ADUs quality existing vacant
lots of record and significant rsdevelapment of existing homes for m exemption from the
Growth Management rlttota System. In addition, detached ADUa deed meo-;cred... 7w gate"
units. accordng to fire Aspenlpi8in County Housing Anthoriry Guidelines. u amended, and
sold according to the procedurrs established in the Guidelines provide for certain Floor Arta
incentives. (Ortl. No.462001, § 1(paet))
yy.am
678
Imo/ Preannexation Agreement 29.73
'~..
~.,
26.520.020
26520.020 GeheraL
An Accessory Dwelling Unit, or ADU, is a separate dwelling unit incidental and subordinate
in siu end character m the primary residence end located on Ox same parcel or on a contigu-
ous lac under the same ownership. A primary residerce may have no mote than one ADU. An
ADU may na be acaswry to enaha ADU. A derachcd ADU may only h convoyed separa¢
from the primary residents as a "For Sale" Affordable Housing mit to a qualified purchaser
porsumt the AspetJPitkin County Housing Authority Guidelines. as amended. An ADU shall
cwt be considered a mil of density with regard to zoning rognircmenw Accessary dwelling
mirs share na be owed to obtain pointy in the affordable housing csagory of the (howN Idm-
agctnent Qua% System (GMQS). Accusory dwelling units also may not be used ro meet the
requirements of Cbapter 26530 "Residential Multi-Family Housing Replacement Program."
All ADUs shall be developed iu conformance with this Section. (Ord No.46-2001, 41(part))
26520.0:10 Authority.
The Community Development Director, in accoMence widr the proadorra, standards, and
limirotions of this Chapter and of common Development Raviaw Procedums, Chapter 26.304,
she0 approve, approve with conditions, err disapprove a land use application for en Accessory
Lwelling Udl
An appeal of the Comrmnity Develolment Director's determinuim shall 6e ecuaidered M' dre
Plsnoing end Zoning Commisaim and approved, approved with ecnditiom, or diaapprored,
pursumt m Sectim 26.520.080, Special Review.
A lend use applicuim taprrsting a variatiao of the ADU design atmdards shall br appoveQ
approved with conditiens, or disapproved by the Planning and Zoning Commissim, pursuant
m Sadon 26520.0¢0, Special Review.
If the lend use application requesting a vuiation of the ADU design stmdardv is part of a
corrxolidated app]icatien process. aumorlrsd by the CormouNty Development Dhecmr,
requving coosidetatim by the Hismtic Preservation Commiatiou, Cho- Historic Presavatim
Coumissioo shall approve, approve wit4 conditions, or disapprove the veriatien, pursuant to
Seclim 26320.080, Special Review. (Ord No. 4(x2001, § 1 (part))
26520.040 APPIIrabIDty.
This Seetim app0es m all zone districts within the Cityof Aspen in which m Accessory
Dwelling Unit is a permitted use, es designated in Chapter 26.710, and m all Accessory DweO-
in¢ Unitt appoved prior m the adoptim of Ordinance No. 46. Series of 2001. (Ord. No. 46-
2001, 4 1 (part))
26520.050 Darien Standards
All ADUs shall rovform m the following design sundardv uaesa otherwise approved, pursu-
ant to Seaim 26520.080, Special Review:
679 we.vm
29.74 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
..,
r.,.
26.J20.OS0
` 1. M ADU mus[ amain between these hundred (300) and eight hundred (800) na livable
square feet, ten (10) percent of which must be a clad a storage area
2. M ADU most be able to furrctlon as a separate dwelling unit. Ibis includes the following:
a) M ADU mtut be ceparately acxeeible from the exterior. M interim entnna m the
primary residence may be approved by the Commission, pursuant to Spedal Review;
b) M ADU must have separately aceeaarble otiBdca. This does na palode shored srn
vices;
c) M ADU shall contain a litchrn conuioiag, ar a minimr^ an oven. a stove with too
bttmers, a sink and a refrigerates with a miaimmn of six (6) cubic feet of capscity and
a treeur; rnd,
d) M ADU ahaB amain a bathroom conuining, at a miu®nm, a sink, a mile, rnd a
shower.
3. Core parking spas for the ADU shill be provided a-site and shell remain available for the
benefit of the ADU raidem. The parking space chap at he sucked with a spoor fa the
primary Irsidcnm.
(nr-s. 4. 7'he Bnished floor height(s) of the ADU shall be enrieety above Nc natural es finished
grade, whichever is higher, rn ill sides of the stmeare.
3. The ADU shall be detached from the primary msidence. M ADU locoed above a dctachcd
garage es storage area shall quality u.e detached ADU. No other connections to the pri-
mary rtsidrna, a portiom iheraf, shall qualify the ADU as dexhed.
6. M ADU shall be located within the dimensional requiremaW of the Zone district in which
Ose property is located.
7. Ibe roof design shag prevrnt snow and is from shedding upon m rnttarrce to rn ADU. Tf
the rntrana is acassa via sui[s, auff~cirnt means of preventing snow and is from aca-
mulating on the suirs shall be provided.
8. ADUc shall be developed io arrnrdanm with the requitemenu of this d[k which apply m
raidentlil development in grnetal. These include, bat are na limited m, the Uniform
Building Code requ'vemenu rolated m adequate natural Bg6i, vrndlafion, foe egress, fue
n.pp.euion, end ew~ed snmuerioe Mtaveen living snits. Thix etended ~y me M .,vied.
9. All ADUs shall be registemd with the Howing Autlwrity and the property shall be deed
restricted in accordmee with Section 26.520.070 Deed Restrictiont. This standard may trot
be varied. (Chd. No.46-2001, § I (pang
n~nssea _68n
~~ Preannexation Agreement 29.75
.-
..-,
26.520.060
` 26520.D60 Calculetiom and Meaaaremeab.
A FloorArca.
ADUs arc attributed to the maximum allowable floor area for the given property on which they
am developed, pmsuent m Section 26575.020 Calculafions end Measurements. (Ord. No. 46-
2001, 4 1 (P~))
& Ne Lirvbk Square Fooragr.
ADUa mutt eoatain hebveea throe hundred (300) end eight hundred (500) square feet of net
livable floor men, uolns varied through • lmrd use review. The <deulatioa of net Iivable aeea
differs slightly from the calculation of floor Area inasmuch ss it mnsutes the interior dimeo-
sinus of the upie (Ord. No. 46-2001, § 1(part))
26.520.070 Deed RnMcfiom and F.aforeemeot.
A Decd&ertriefions.
At a minimr®, all properfin contahting an ADU shall be deed restricted is the following
manna:
• The ADU shall be registered with the AspedPitkin Comty Housing Authority.
• Any occupant of m ADU sbdl lx qualified m a Jowl wrodcing resident accoridiag m du
cement pepen/Pitkin County Houuing Authority Guidelines, as emended.
• The ADU shall be rntricted to lease periods of m less then six (~ momhs in duration, m
m othmvrias raquirad lry tha avant Aepen/Pitkia Covaty liouning Authority Guidelines.
I.wa must be recorded with the Housing Authority.
~:
i..,.... - A detached ®d permanently affordable Accessory Dwelling Unit qualifying a property fm a
_ Flom Area Exemption, pmsumt m Section 26.576.020(Ax~, shell be deed restricted as a
"Fm Sde" Affordabla Houmg Unit and eoaveyed W o qualifled pwehaser, oeoordiag m Ore
Aspen/Pitkin County Housing Authority Guidelines, ss amended. '
Accessory Dwelling Uniu restrievA m Mandazory Occupancy m exchange fm a Floor Area
]donus, prior to the adoption of Ordiamce 46, Sarin of 2001, shall be coatinuoudy occupied
by a local working resident, ss rkfmW by AsptnlPitkin County Housing Authority, for Itaae
paioda of siz (6) months m grata, uWess the owner is granted approval m remove that te-
striaion pmsuent to Section 26.520.090(A), Insubstantial Amendments.
The Aspen/Pitkin County Housing Authority shell provide a ataodard form for recording Ac-
assory Dwelling Uait deed restrictions. The tleed restrierion shall h retarded with the Pitkin
Cramty Clerk and Records prior m m appliccation for a building permit maybe accepted. The
book and page associated with the nxordatiou shell be noted m the building permit plena for
en ADU.
S Enforcement
The Aspen/Pitkin County Housing Authority, m theirdnigneq shall enfora the recorded
dad restrimion beUvaa the pmpeuy owner and AspedPitkin County Housiug Authority.
(Ord. No. 4&2W1, § l (part); rnd. Na... a7-toot, 5 t)
681 4v.ran
29.76 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
,•~. .._.
..~
Exhibit K• Consumer Price Index Calculation Method
EXHIBIT K
CALCULATION OF CHANGES IN URBAN INDEX
The term "CPP' used herein shall refer to the Consumer Price Index -All Urban
Consumers (CPI-U), U.S. City Average, All Items (1967 = 100) compiled by the United
States Dcpaztmcnt of Labor, Bureau of Labor Statistics. Dy way of identification, the
parties agree that the CPI-U index number for July 1993 = 432.6. If at the time of
computation of CPI increases as provided below the Urban Index as defined is not then
being currently published, the parries shall mutually select a subsdm[e index which has
histoucally approximated the Urban Index as defined. The parties further agree that the
methodology they will use for calculating index changes in the Urban Index is that
described in the inshvction sheet from the Bureau of Labor Statistics, U.S. Department of
Labor, which reads as follows:
CALCULATING INDEX CHANGES
Movements of the indexes fmm nne month to another aze usually expressed as
percent changes rather than changes in index points, because index point changes
aze affected by the level of the index in relation to its base period while percent
changes are not. The example in the accompanying box illustrates the
computation of index point and percent changes.
Percent changes for 3-month and 6-month period are expressed as annual rates
` and are computed according to the standard fomtula for compound growth rates.
These data indicate what the percent change would be if the current rate were
maintained for a l2-month period
INDEX POINT CHANGE
CPI 315.5
Less previous index 303.5
Equals index point change 12.0
PERCENT CHANGE
Index Point difference 12.0
DividcA by dre prcviuw index 303.5
Equals 0.040
Results multiplied by one hundred 0.040 x 100
Equals percent change 4.0
29
/~ Preannexation Agreement 29.77
r
...
Exhibit T-A: Land acquired by Quiet Title Action
,~.,
EXHIBIT T-A
LOCATED OVER A PORTION OF SECTION 2, TOWNSHIP 10 SOUTH, RANGE &5 WcST OFTHE 6N
PRINGPAL MERIDIAN, COUNTY OF PTTKIN, STATE OF COLORADO, BEING DESCRIBED AS r-0LLOWa`
BEGINNING at the Soutlteasi Comer d Ld 5, saki Se~rn 2:
thence, along the Saulh Line d said Ld 5, NoM 88'1548' West, 43fi.30 feet m said South Li=re's iaeas4orl vAh
the Northerly eod'muation d the ezisong fence Gne as refered to indeed recorded in Book 351, {age 144 dlhe Plat
Caurdy Records - .
thence, abng said fence line through the fogw,ig purses:
North 13'50'57' East, 710.50 fr_t North 12'M'So ~ EasC 284.791eet and North 1 Z°34'48" EasC 2033.95 fex
b the fop d a steep cope above the Roaring Fak Fv~er,
thence, kavirg said fens fine, abng sad too of slope through the fdbNkg wursrs
SwN 59'34'09" East 69.27 feet m apoint on anon-tangenC 7000 00 foot radius curve wnave SoutlrvesC
a ndul line W said paint bears North 57'17e_3'East Southeas'uYly along said curve, thraigh 4 dn0al o=gle
d 10'16'53' a length d 179.45 feet South 07.11'09" East 50 03 teet South 21'1617' East 4s 53 fe•-t
. South 05'31'10' West 3200 feet South 10'3700' EasC 45 00 test b Cte beginning of a tangent 40.[0 fad
radius verve uauave Northeast Swtherty, Saulheasterly, Easterty and Northeasterly slag ad verve, tlvdrgh
a central o=gle d 109'11'30' a IengN of 7fi 23 feet South 25'2P41' Est 4224 feet Swlh'SSS27' East
43.07 feet South 2090'32' East 50.20 feet and South 27`41'19' East 17.40 feet ro said tap d c'ape's
idersec8on wBh the Est Line d sail LdS.
thence, along said East Line, South 4'08'5= West 135.85 fee; to the POIM GF BEGINNING
The hereinabwe deeeribad BadX Ranch pa=nt ~ contains 3.915 Aaq mxs v lest.
29.78 Bar Slash X Ranch LLC -Annexation and Stage Road PUD/Subdivision: Final Submission
B U R L I N GAME R A N C H
Affordable Housing Land Use & Development Plan
City of Aspen
15 May, 2001
Revised July 2003
Table of Contents
Update to the Development Guidelines as of July 2003
Summary of Updates
COWOP Task Force Roster July 2003
Introduction and Background
Mission Statement of the Development .
Goals of the Development
How the Development Plan is Used
Land Use Approval Process
Pre-Annexation Agreement
Legal Framework
Technical Consultant Team
Site History
Physical Characteristics of the Site
Development Guidelines
Environmental
Infrastructure
Transportation
Architecture
Economic
Conclusion
Acknowledgments
Appendices
-.Y,. .(
~ r
~ a."
rvy• 5r
,µ.., .r' ~~'
~
M `~ ~ ^~ <~ ~
1! ? ~
~'
v ~.
y ,y~
-fiY y~ ~~ Xr
{iyyyu
A r" C
II
i'~Y ~ i~ ~ ~'aS
AFFORDABLE HOUSING LAND USER DEVELOPMENT PLAN
UPDATE TO THE DEVELOPMENT GUIDELINES
Affordable Housing Land Use & Development Plan
Summary of Updates
LAND USE & DEVELOPMENT PLAN
UPDATE
PURPOSE OF THE UPDATE:
In May 2001 the Burlingame Ranch COWOP Task
Force Team created a document of recommendations
regarding the proposed affordable housing at
Burlingame Ranch; the document is titled Burlingame
Ranch -Affordable Housing Land Use & Development
Plan. Pending Aspen City Council approval, the Land
Use & Development Plan will be used as a source of
guidelines and reference within which a final design for
this proposed affordable housing. community would be
created. The plan represents the community's interests
and preferred design elements for Burlingame Ranch.
Since May 2001, some circumstances regarding
the affordable housing development have changed.
necessitating an update to the Land Use & Development
Plan. Rather than alter the original document, all
amendments to the project are noted in this update and
should supercede any previous recommendations.
In July of 2003, the Task Force Team reconvened for
two meetings to review enhancements to the project
since 2001. Members of the original task force team
were contacted to participate in the follow-up meetings.
In some instances new people were added to the task
force as a result of position changes at various agencies
or City held positions. The July 2003 Task Force Team
roster is included in these amendments.
DEVELOPMENTS BETWEEN MAY 2001 8 JULY 2003:
Several events have occurred that impact decisions
made by the Task Force Team with regard to future
development at Burlingame Ranch. These events
include a financial analysis not available at the time of
the initial Task Force recommendations (e.g. Housing
Master Plan Study by EPS dated February 2002),
first and second amendments to the pre-annexation
agreement, boundary modifications to the proposed site
area, and an update of the AspenlPitkin County Housing
Authority Guidelines. These are addressed in more
detail below.
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN Rev. 07/2003 page 1
~-. -,
Summary of Updates
Amended Pre-annexation Agreement:
In December 2001, the Pre-annexation Agreement
with BadX Ranch, LLC was modified to increase the
development potential at Burlingame Ranch from 225
to 330 affordable housing units and to expand the
potential developable area for housing development.
Other additional changes to the agreement involved
access, small-parcel land trades, and finished square
footage limitations which are further stipulated in the
Pre-annexation Agreement amendments.
Financial Analysis:
In May 2001, the COWOP completed recommendations
to City Council on development at Burlingame Ranch.
At that time, there was no financial information available.
In June 2001, City Council made the decision to hire a
financial consultant, EPS, to analyze and prioritize all
of the proposed affordable housing projects including
Burlingame Ranch. Council felt that the financial
information was critical prior to approving or denying
the Burlingame Ranch project. EPS completed
their financial analysis in February of 2002 naming
Burlingame Ranch as one of the top three sites for future
affordable housing.
Based on the revised annexation agreement, EPS
increased the proposed density on the site from 225
units to 330 units for their financial analysis. EPS also
assumed that all units would be "for sale° and that some
component of resident occupied (RO) housing would
be required to make the project financially viable. (The
recommendation of an RO component was made prior
to the creation of income categories 5,6 and 7 in the
Aspen/Pitkin County Housing Authority guidelines.)
Site Boundaries:
Since May 2001, the boundaries for the project site have
also been altered somewhat. Development in Deer
Hill or the back bowl is no longer permissible, but the
potential for development in the area that was previously
referred to as the AVLT property is now available for
consideration. With these adjustments as well as some
other minor. boundary modifications, the total potential
site development area has increased from 25 acres to
now just less than 32 acres.
Housing Authority Guidelines:
The Housing Authority has developed new guidelines
for affordable housing. Under the revised guidelines
Rev 07/2003 page 2 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
~.
Summary of Updafes
three new categories of housing have been introduced:
Categories 5-7. These higher priced units were not
available for consideration in May 2001. Similarly,
suggested sales prices for vacant lots are also included
in the revised guidelines.
City Council Recommendations:
Based on financial proforma information provided by
EPS and City staff, Council preliminarily recommended
phased development at Burlingame Ranch with 110
units per phase. Up to 35 Resident Occupied units
would be included in the Phase 1 development as a
way to help jump start the development process; monies
raised from the sale of the RO lots would be used to
subsidize development of other lower category housing
on the site.
Summary of Changes Between May 2001 and July 2003
Mav 2001 Julv 2003
225 max number of units 330 Max number of units
See first and second
amended Pre-Annexation
agreements
25 acre site New site includes AVLT
property and additional
+/-4 acres from Bar/X
Ranch totaling approx.
32 acres.
Housing Authority Guidelines New guidelines include
Categories 1-4 and RO categories 1-7 and RO.
See APCHA guidelines.
Council recommends 3
phases of 110 units each
with 35 RO lots in Phase I
TASK FORCE TEAM RECOMMENDATIONS -JULY 2003:
The Task Force Team remains committed to the mission
of creating a supply of desirable affordable housing
on the Burlingame Ranch site. Some members of the
newly convened Task Force expressed concern that the
location of the project was too far from the downtown
area. But all members agreed that if housing were to
be built on this site, then density should be maximized
at 330 units.
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN Rev 07/2003page3
,-~,
Summary of Updates
The Task Force feels that the development should
include a neighborhood center and/or park. The
neighborhood center might include space for mailboxes,
the main bus stop, and possibly a small daycare for
the neighborhood. Development of the center might
be included as a part of the project or developed by
the homeowner's association at a later date. Other
community facilities like schools, fire stations, churches,
etc. are best left for sites other than Burlingame Ranch.
The Task Force remains committed to the principle that
stacked flats are not desirable at this location. There is
unanimous consensus that it is preferable to live "next
to" rather than "on top of another unit. The Task Force
is enthusiastic about the potential for townhome and
attached dwelling units on this site.
The Task Force again expressed their interest in
maintaining the expandability of some units, i.e. a one
bedroom that is designed with the flexibility to become
a two bedroom. The developer should earmark certain
units that are designed with the possibility of expansion
by the owner. These units should have additional FAR
approved in the entitlement process. Also, flexible
zoning was requested by granting the entitlements
through a PUD rather than specific zones to encourage
options. (The pre-annexation agreement proposes to
change the existing zoning to a AH-PUD, satisfying this
request.)
The recommended unit mix should include 1, 2, 3
bedrooms and single family detached housing with
100% of the development for sale. Based on the newly
provided financial information the COWOP realized
that the unit mix must include sale units in the higher
categories, i:e. 5, 6, 7 and RO to create a financially
viable project. The COWOP agreed that lower category
units are still in demand butthatthe higher category sales
would be required to subsidize the lower category units.
Specific unit mixes and recommendations are detailed
in the chart below. While there was consensus for
these recommendations, one member of the Task Force
Team felt that there was a greater need for detached
housing and that the proposed mix included too many
one bedrooms. That same Task Force member also felt
that the target income category should be higher than
3.5 based on the availability of higher income categories
under the new Housing Authority Guidelines.
Rev 07/2003 page 4 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
Summary of Updates
The COWOP also expressed that the project should not
beunder-parked as par[ of anauto-disincentive program.
A parking ratio of 1.65 spaces per unit is still desirable.
Overflow parking and future phased parking construction
should be considered. As the site plan is developed, the
Task Force believes that City requirements for curb and
gutter should be flexible at this site. The preference is
for no curb and gutter
Summary of Task Fome Recommendations Between May
2001 and July 2003:
May 2001 July 2003
225 max number of units 330 Max number of units
25 acre sde New site indudes AVLT
property and additional +/-4
aces form Bar/X Ranch
totaling approx. 32 aces.
60%-70% for sale units 100% for sale units
Target income category 3 Target inwme category 3.5
(achieved by mi~dng
categories 2-7)
Over 50% 2 and 3 bedroom urids. At least 60% 2 & 3 bedroom
At least another 25% units. At least 20% 1
1 bedroom units bedroom units.
At least 60% townhomes. 60% townhomes
30% max single family detached; 20% detached units, single
10% may include carriage house family, carriage house, etc.
No lots 10% RO lots
10% Category 6 & 7 lots
Strongly opposed to stacked flats No stacked flats
Parking ratio of 1.65 per unit Parking ration of 1.65 per
and wdh opportuni5es for
overflow parking and future
parking
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN Rev. 07/2003 page 5
Summary of Updates
COWOP TASK FORCE TEAM JULY 2003
City of Aspen City Council
Mayor Helen Kalin Klanderud
Tim Semrau
BarIX Ranch, LLC
Pam Zoline
(John Lifton)
City of Aspen Planning and Zoning Commission
Ruth Kruger
Jack Johnson
AspenlPitkin County Housing Board
Marcia Goshorn
Steve Elliot
Many Voices
Jamie Knowlton --resigned
Aspen Valley Land Trust
Martha Cochran
Aspen Airport Business Center
Judy Pearce
Representative of People with Disabilities
Denis Murray
General Public
Evan Griffiths
Josh Burnaman
Linda Gerdenich
Rev 07/2003 page 6 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
INTRODUCTION AND BACKGROUND
Affordable Housing Land Use & Development Plan
MISSION STATEMENT OF THE DEVELOPMENT
The mission statement for the Burlingame Ranch
development is to create a supply of desirable
affordable housing and free market housing that
compliments the property's rich history ahd continued
use as a working cattle ranch, within the terms of the
Pre-Annexation Agreement.
The Burlingame Ranch development shall support the
Aspen Area Community Plan goals to encourage a
more balanced permanent community, capture
employee generation from single-family homes,
encourage a diverse population, have quality design
and construction and preserve important open spaces.
Introduction and
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 1
Introduction and
GOALS OF THE DEVELOPMENT
Aesthetics 8 Design
1. To maintain as much of the working ranch as
possible. Ranching is culturally and aesthetically
important to the Roaring Fork Valley.
2. To build.an affordable housing village that has an
interesting aesthetic design complimentary to the
surrounding environment and neighbors.
3. To build an affordable housing village that supports
public transit use and discourages private auto
traffic.
Open Space 8 Conservation
4. To build an affordable housing village and free
market homes complimenting the existence of the
working ranch and surrounding open space.
5. To build an affordable housing village that is
sensitive to the existing surrounding uses, open
space and neighbors, particularly the Soldners,
Caudills, Harveys, Aspen Valley Land Trust, and
Maroon Creek Club.
6. To ensure the preservation of open space through
a comprehensive conversation easement and free
market development that maintains as much of
the working ranch as possible.
Environmental
7. To build an affordable housing village that has
minimal environmental impacts.
8. To build an affordable housing village that
incorporates green building techniques and
materials.
Economics
9. To build an affordable housing village with acost-
effective design and that is financially feasible.
10. To build an affordable housing village under a
prudent schedule to minimize costs incurred from
inflation.
11. To build an affordable housing village that includes
opportunities to form further public/private
partnerships including non-profit agencies.
Community
12. To build a compact affordable housing village to
the highest density the site can sustain, within the
terms of the Pre-Annexation Agreement.
13. To build an affordable housing village in concertwith
page 2 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
the Aspen Area Community Plan goal of providing
"800 to 1300 additional affordable housing units
within the Aspen Community growth Boundary.
Consideration should be given to minimize the
development footprint of all affordable housing
projects without compromising the appropriate
density for the livability of the project." (pg. 26 of
the 2000 AACP)
14. To build an affordable housing village that is
accessible to a diverse population of singles and
families and of owners and renters.
15. To design an affordable housing village that
creates a sense of community.
16. To build an affordable housing village under a
prudent schedule to meet the needs of Pitkin
County employees in the shortest time possible.
Introduction and
AFFORDA6LE HOUSING LAND USE B DEVELOPMENT PLAN page 3
,^
Introduction and
ASPEN ---i
AIRPORT
SUSINEBS ~ ~ /
CENTER ~ $
ASPEN ~ ' ~^rya
Q VALLEY 8
y LANG
p TRUST 'p,7
, ,
O __ A
y '__ ____ ___ __________ --
-~4 a
OEER I I ~¢ -- -
HILL I ,I
I AFFOROABLE~ F\
i HOUSING
~~SITE ~' ~i ~,
_J~ ~~£
I BAR-X RANCH L
I'i
TinwEEmr !'
I1
i'
t
MAROON CREEK BAR~X
CLUB RANCH
HyY ~`I ~
a,
1 p
Ogsp l~
F,y
-,.
HOW THE DEVELOPMENT PLAN IS USED
Introduction
The purpose of the Land Use & Development Plan is
to set forth the best land use guidelines for the Property
Proposed to be Annexed, in the best interest of the
City ofAspen. The Land Use & Development Plan is a
land use application filed with the-City of Aspen
Community Development Department for ultimate
approval by the Aspen City Council.
Implementation
Pending Aspen City Council approval, the Land Use
8 Development Plan will be used as a source of
guidelines and reference within which a final design
shall be created. The plan represents the community's
interests and preferred design elements for Burlingame
Ranch. All efforts shall be made to abide by the plan
just as one abides by a city land use code. Some
guidelines are more general than others with the intent
of allowing greater flexibility for a creative final design.
Consequently, it is understood and accepted that
financing mechanisms may require flexibility in
implementing the guidelines described in this
development plan. Each item varying from the prescribed
guidelines will require review from the Aspen Pitkin
County Housing Authority and may be further referred
to the Aspen City Council for approval.
Affordable Housing & Free Market
The Burlingame Ranch Land Use 8 Development Plan
is composed of two parts. Part I describes
development for the free market portion of the ranch.
This has been composed primarily by Bar/X Ranch
LLC, and has been generally approved by the COWOP
Task Force Team.
Part II describes development for the affordable
housing portion of the ranch. Part II is the product of
tremendous amounts of effort from the COWOP Task
Force Team and members of the public. The Task
Force Team met at least once a month since October
2000 -May 2001. Topics of the development plan
were thoroughly examined, critiqued and discussed
with the intent of finding and creating the best
guidelines for development of the affordable housing
site.
page 4 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
r'A
~s
LAND USE APPROVAL PROCESS
Convenience Or Welfare Of the Public (COWOP)
The Convenience Or Welfare Ofthe Public (COWOP)
land use approval process was recommended for
adoption by the City Planning and Zoning Commission
and then adopted by the Aspen City Council April 1 D,
2000. The COWOP land use approval process allows
for one oftwo process alternatives: a.) Traditional Land
Use Code process or bJ COWOP (Convenience Or
Welfare Of the Public) process.
The COWOP land use approval process was created
"to provide a simplified, comprehensive and flexible
process for reviewing development proposals that are
determined to be reasonably necessary for the
convenience and welfare of the public and to allow for
greater public participation in the approval of public
projects." (Ord. No. 07, Series of 2000). On September
6, 2000, the Aspen City Council determined the
Burlingame Ranch application eligible for participation
in the COWOP land use approvals process. As part
of the COWOP process (pursuant to Sec.
26.500.050(B)(c)), aTask Force Team is formed and
approved by the City Council.
Task Force Team
The Task Force Team mission is to recommend a
design and reviewthe development proposal. The Task
Force Team serves in an advisory capacity to the City
Council who makes final decisions on development
proposals.
The Burlingame Ranch Task Force Team consists of
15 members who represent the interests of elected
officials, commissions, boards, property neighbors, the
proposed project's critics and employee housing
residents (see Acknowledgements). The Chairperson
for the Task Force is, by ordinance, the Director of
Community Development. The Task Force Team
committed to a minimum of one meeting per month,
however frequently participated in two meetings per
month. The Team began meeting in October 2000.
4
Introduction and
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 5
~-.
~~
Introduction and
The Burlingame Ranch Task Force Team committed
to seven items of responsibility:
1. Regularly attend and prepare for work sessions
of the Task Force;
2. Clearly articulate and represent his or her interests
and be clear when he or she is speaking for a
constituency or organization;
3. Listen to other points of view and try to understand
the interests of others;
4. Openly discuss issues with people who hold
diverse views and participate in a cooperative
problem-solving procedure to resolve differences;
5. Generate and evaluate options to address the
needs expressed by the Task Force;
6. Keep his or her constituent group(s) informed and
solicit their individual input;
Team members are responsible for keeping
current. Meetings will continue regardless of
absent Team members.
Staff from the Community Development Department
and the Aspen Pitkin County Housing Authority
supports the Task Force Team. Technical expertise is
provided by the Consultant Team, lead by dhm design
Principals, Laura Kirk and Dave Carpenter. Aspen
Pitkin County Housing Authority acts as agent for the
owners (Bar/X Ranch and City of Aspen) of the
property throughout the approval process. Michelle
Bonfils from APCHA is the Project Manager.
page 6 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
F~
., .
Introduction and
PRE-ANNEXATION AGREEMENT
The subject property, Burlingame Ranch Affordable
Housing, is located northeast of Colorado Highway 82
and south of Roaring Fork River, westerly~adjacent to
Deer Hill. Burlingame Ranch Affordable Housing is
located on 25 acres, 5 of which are currently owned
by the City of Aspen and 20 currently owned by the
Zoline family.
The Zoline family and the City of Aspen have
negotiated apre-annexation agreement forthe Bar /X
Ranch property, currently in Pitkin County and
contiguous to the City owned Burlingame Ranch
property. The pre-annexation agreement is a tool to
set the framework under which future development
could occur on this private property upon its annexation
into the City of Aspen. The negotiation has considered
the development of family-style affordable homes in
concert with free-market single-family homes. The
goal of this partnership is to obtain a greater amount
of affordable housing in the Aspen area and conserve
a large amount of open space and a working cattle
ranch.
The pre-annexation agreement addresses both the
affordable housing and free market units proposed for
development at "Burlingame Ranch." The City of
Aspen assumes responsibility for developing all
affordable housing up to 225 units. The Zoline family
will develop building envelopes for 12 free market lots
around which the remainder ofthe free market acreage
will be subject to permanent conservation easements.
To secure land use approvals for the proposed
development listed in the preannexation agreement (see
appendix), a development agreement ("Burlingame
Ranch Land Use ~ Development Plan") is required. The
Burlingame Ranch Land Use & Development Plan is
the product of over six months of work completed by
members of the public organized into a Task Force Team.
This Task Force Team is a part of the Convenience Or
Welfare Of the Public (COWOP) land use review
process. The Task Force Team serves in an advisory
capacity to the City Council who makes final decisions
on development proposals.
ASPENIPITKIN /
COUNTY I
AIRPORT '
ABPEN AIRPORT 1,
BUSINESS CENTER r
~Bti/^, ~
a / ^ DEER
(1/`//~// / HILL
PROJECT ~~
SITE ~
i ~
.~ ~ ~
~' D
MP'OON /~EK BUTTE '
I
j~
Iw
~"'l a
J ~
~i ( ~
I °
y~\I ~ i
i %o
i
Ga~E~ /
~' st`~ 1
OP t
1
I
ASPEN ~
J
i
t
L~
I; ~~~~
Project site vicinity tllagram
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 7
~ ,.,
w e
Introduction and
LEGAL FRAMEWORK
Introduction
The proposed Burlingame Ranch development is
bound by several legal documents including the Pre-
Annexation Agreement (see appendixes and the City
of Aspen/Maroon Creek Club Settlement(see appendix
~. All proposals in the Land Use & Development Plan
reflect the opportunities and constraints of these
documents. No part of either of these binding
agreements should be considered flexible.
Pre-Annexation Agreement
There are a series of restrictions in the Pre-Annexation
Agreement (see appendix-) to be considered.
However, the most prevelant restrictions to the affordable
housing site include:
Maximum of 225 units (of any
size, type and configuration)
' ~ Defined site of 25 acres.
No dogs allowed.
The Pre-Annexation Agreement should be thoroughly
reviewed to understand these restrictions, and the
affordable housing site and the free marketdevelopment
relationship, as well as other opportunities and
constraints.
City Of Aspen/ Maroon Creek Club Settlement
The City of Aspen and the Maroon Creek Club have
entered into a settlement (see appendixes regarding
future access to the proposed Burlingame Ranch
affordable housing development (also referred to as
"Burlingame Village").
In summary, this settlement restricts access to the
affordable housing site from using New Stage Road
(the access road in front of the Maroon Creek Club).
Access to the affordable housing site must be from
the new intersection at Stage Road and Highway 82.
See the Transportation Guidelines for further description
of the opportunities and constraints associated with this
settlement.
page 8 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
,,
y
TECHNICAL CONSULTANT TEAM
Selection Process
A technical consultant team was hired by the Aspen
Pitkin County Housing Authority to assist in creating a
Land Use & Development Plan for the Burlingame
Ranch affordable housing proposal. The consultant
team, lead by DHM Design, was selected in a Request
For Proposals (RFP) process. The RFP selection
panel included one member from each of the following
agencies:
1. Aspen Pitkin County Community Development
Department
2. Aspen Pitkin County Housing Board
3. Aspen Pitkin County Housing Authority
4. City of Aspen Planning and Zoning
Commission
5. City of Aspen City Council Member
6. Representative of Bar/X Ranch
7. COWOP Task Force Team member(s)
Purpose
The purpose of the Consultant Team is to act on behalf
of the property owners through APCHA to create the
Land Use & Development Plan for the affordable
housing portion of the Burlingame Ranch proposal.
The Consultant Team is responsible for:
1. Conducting initial analysis of the existing
conditions of the entire 219 acre site
2. Assistance in general development resulting
in a written and graphic final Land Use &
Development Ptan for the affordable housing
portion of the Burlingame Ranch proposal.
The Consultant Team was not hired for specific design
solutions or construction work, however may bid on
future work associated with the Burlingame Ranch
project.
Introduction and
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 9
Introduction and
•.
-~,
SITE HISTORY
Introduction
Burlingame Ranch, as described in this document,
consists of two existing ranches -Burlingame Ranch
and Bar/X Ranch. Burlingame Ranch, owned by the
City of Aspen, is basically the Deer Hill area. Bar/X
Ranch includes the majority of the affordable housing
site described in this plan, as well as the entirety of
the free market property.
Burlingame Ranch
The Deer Hill area has been identified as a potential
site for affordable housing.
Prior to the COWOP Task Force Team assembly, a
series of design workshops were held to locate and
discern opportunities and constraints for such a
development. These workshops considered
comprehensively how best to achieve a wide variety
of goals, including housing and open space
conservation, for all lands in the area. This process
identified the back-bowl of Deer Hill as a potential
housing site for some 75 units of family-oriented
housing. It also identified it as a potentially sensitive
area fordevelopment. Several iterations of preliminary
design studies were prepared during this process that
also studied adjacent properties.
The result of the workshops was the identification of a
site for affordable housing that encompassed a portion
of the City-owned Burlingame Ranch and a portion of
the adjacent privately-owned Bar /X Ranch as best
suited for future development. The design workshops
indicated that this site, which overlaps the two
properties, could accommodate up to 225 affordable
housing units with a family orientation. The Land Use
& Development Plan is the result of negotiations that
determined how to proceed with joining this private
property with public property to achieve affordable
housing and conserve open space.
Bar/X Ranch
Bar/X Ranch has been in the Zoline family for over 40
years. The Zoline's have maintained a working cattle
ranch since their acquisition of the property. Bar/X
Ranch is the last working cattle ranch in this proximity
to the City of Aspen. To financially maintain the cattle
operation, development of portions of Bar/X Ranch is
page f0 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
critical. The cultural and aesthetic elements of the ranch
are highly valued by the Zoline family and are of utmost
priorityto maintain. Both the proposed free market and
affordable housing developments shall compliment and
respect the continued existence ofthe cattle operation.
Y
Introduction and
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 11
PHYSICAL CHARACTERISTICS OF THE SITE
Affordable Housing Land Use & Development Plan
..:
Characteristics of the Site
INTRODUCTION
The Burlingame Ranch site is located off of Highway 82
and generally bordered by Maroon Creek, the Roaring
Fork, the Aspen Business Center, and Deer Hill. The
affordable housing site is a 25-acre parcel adjacent to
Deer Hill. This site allows historic ranching operations
to continue on the remainder of the property and is
setback from neighboring riparian corridors limiting
disturbance to these sensitive areas.
~;., ~i
Fai;.~,
~ '
~ ~:.T
x •~; la ,~ ~;c
SITE CHARACTER
A slope analysis is included as a part of this document
highlighting three levels of slope conditions: 0%-15%,
15%-25%, and over25%. Preservation of the existing
topography is strongly encouraged. Though development
can occur in the steeper areas, the economic costs
and damage to the existing conditions will be more
significant. The flatter areas of the site generally fall
into three terraces separated by steeper conditions. The
terraces are situated with an eastern aspect offering
expansive views to the north, east, and south.
Vegetation on the affordable housing site consists of
sage and native grasses with few trees. Surrounding
the site, vegetation varies somewhat. Scrub oak stands
intermingled with sage fields are found on Deer Hill.
Spruce, oak, birch, aspen, alders, and willows are found
in the drainages and in the riparian corridor north and
east of the site.
The soil conditions, as documented in the attached
Geologic Report, are generally ident~ed as well~Jraining
glacial cobble and soils. No limitations or specific
concerns have been highlighted in the reportthatwould
have a significant impact on construction methods or
costs. As the site plans are developed, a more thorough
investigation will be warranted prior to construction.
The Bar X Ranch, referred to as Burlingame Ranch in
this document, is a historic ranch typical of ranching
operations that once dominated the Roaring Fork Valley.
Continuation of the ranching operations is critical to the
project and the affordable housing design solution should
be sensitive to this issue. As noted in other parts of
this document, a free market housing component is
proposed for other parts of Burlingame Ranch.
wt-M € i SII' r~
r;~'
g _. _t .
~~
~f - '„
-- __ _
- y'.i' +'
_ -
. _,
k ~ H. R y -
-- '~ ..-"'-mss"
:.....~. z~
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 15
.~ .~,
Characteristics of the Site
To the north of the affordable housing site is a parcel of
land owned by the Aspen Valley Land Trust. This
property is held as a conservation easement. TheAVLT
property is situated in between the Burlingame Ranch
affordable housing site and the Aspen Airport Business
Center. Slopes along the AVLT property adjacent to
the AABC are extremely steep.
Several other private residences are located at the end
of Old Stage Road nearthe river corridor. The affordable
housing development should consider how it is viewed
from off-site by adjacent landowners as well as from
other off-site locations.
An environmental consultant was hired as an integral
component of the COWOP process. A Summary of
Natural Resources is included as a portion ofthis report.
This report reflects a synthesis of information gathered
from previous studies; a detailed inventory of natural
resources was not completed for this submittal.. The
Natural Resource report did not identify any constraints
to development.
There has been concern that the affordable housing
development will negatively impact the wildlife that has
historically been found on this site. These concerns
should be considered in the site plan development. The
affordable housing site, however, is "not a regionally
significant wildlife resource because of habitat
fragmentation and barriers to movement created by
cleared pastures, roads and highways, housing, the
airport, the business park, the ski area, the golf course,
etc. As the study area becomes more isolated by
additional development, its value as wildlife habitat will
continue to diminish." (Natural Resource Study, 2001)
Issues related to bringing utilities and transportation
access to the site are discussed at length in the
Development Guidelines. Utility and transportation
access should balance ease and cost of construction
with disturbance to the open space and the overall
character of the final development.
page 16 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
..~.
~.
~>
Characteristics o(the Site
i ~ ~,
ASPENIAIRPO~RT" ~.~~ ~r1 r ~~ ~
BUSINESS,CENTEaR ~~;~~~ ~ti,,.. j
~ I
I
~~~~~ /~~ ASPEN VALLEY ` ~ I
~~o.,n.m / i LAN D FRUST~%ti, ~ V " "=q, _
i r I PROPERTY /~. ~ l~ ~~ ~'
LfY i ~ ? i ~ G~ ~~ i '
,/; . ~ : i i, ~ t .. :~~ ~ ,: MAROON
~. ~ ~' I 1~'_ ~~ i v ~ CREEK
~ - ~ i ~ ~~ ~__ ~.-~ ,~`
~ I ,
I ~--I ~ < ~ ~ -.
~ ~ ~~ `-~ --+- ----~- 1`
i _ 1 -cam-s
I 11 f~,'~
l~~ "z cDEER r~ ~ ~ I i.
I _. 1, HILL ' ,I I +~
I ~ '. 1 r I i
~ ~ ~ > ! =.
W
~ ~ ~ %~ ~~ AFFORDABLE ~-
~ ^~ ! HOUSING SITE ~ I
a ~ (,
J
i
,;
,~' ~ , t `- ~ '~~ ~ i
~ rig ~, ~. ~, r.~
r a ~~ ~
I i 7 ~' ' _ c ~- ,'i, ail
i< ~~~ ~` ~- i ~~~'II
~ b ~ ~
x
\ _ -~
r ~ - -__ ~ _
.-_-
_ --' ~ SOLDNER
'~ RESIDENCE
~~~~' _
F'~
'-~ ~
~~ ~~
`\~~Y
-.- ~ y~gys•~ A
~ ~ ~~\ 5 ' '
;~~ x.,
_.. ~ ~'
MARKET ~_'`i ~ -
NG
K
z~ ~
~.
!_ ' ' ~ ~~
.~ ~ ._
\ I c
r /.
~ ~ I~i
\_
~`
~/
r ~.
.:
~ P
7
/ `
MAROON-CREEK i
.:.~- .-,.CLUB.. - iP
i,
s fi ,
i ~
'
,
~._
~ ,
~
~.
E:
~.
{' \
\ .
.~ -~.- .. \'.
_ ~
~
'1.
n
~I ~ ~ /'
HIGHWAY I~
LEGEND I
<15Mo SLOPE II ,
f~-- ' .
15-25% SLOPE ~
.
>25°h SLOPE I +
t
n north `~:._,
' ~
s~~ ,.
~-~
i r
?~
AFFORDABLE H OUSING LAND USE 8 DEVELOPMENT PLAN
d;
/4
r
i
I
page 17
.~,
w
DEVELOPMENT
..f
GUIDELINES
Affordable Housing Land Use & Development Plan
Environmental
ENVIRONMENTAL
INTRODUCTION
The Burlingame Ranch Affordable Housing
environmental and green building guidelines are based
on the City of Aspen and Pitkin County Ecological Bill
of Rights. Each of the Rights listed in the following bill
have been specifically incorporated into the Green
Building Guidelines.
ECOLOGICAL BILL OF RIGHTS
As residents of the City of Aspen and of Pitkin County
and stewards of our natural heritage and resources
we see the integrity of our valley ecosystem
increasingly challenged and violated by human activity
Population growth and the accompanying sprawl are
seriously damaging and threatening to destroy the
ecological carrying capacity (environmental
sustainability) of this valley.
1) The right to breathe clean air and enjoy clear vistas
2) The right to the preservation of remaining natural
riparian areas and wetlands.
3) The right to permanently protected minimum stream
flows in rivers and creeks.
4) The right to the preservation and restoration of native
wildlife and plant diversity by preservation of sufficient
habitat.
5) The right to protection of designated wilderness
through management of adjoining land in a way that
preserves the integrity of the wilderness areas.
6) The right to a landscape kept free of noxious and
invasive weeds.
Guidelines
Fi ~ :r ~ .; :.p,
t ~t i F ~ s,
~n
it
v ~ .
,.:
~~~ ~ ~~ ~.
TM ~z
. .
v
E r
'}"~ '. ':
,~ ~,,
-~r"^~ e.. ,.
~ ,t3'"'~.' ..
~`-.C~_ ... ~ a. 4
µ ~ d ,_
t-~_ ~,~;
_~„
~~~
7) The right of appropriate access to public lands on
roads and trails historically open to the public
consistent with the nature and designation ofthe public
lands.
8) The right to dedicated open space protected from
urbanization and development.
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 21
Guidelines
r^
,.
-.,
Environmental
9) The right to the efficient and renewable use of energy
10) The right to be free from excessive noise.
11) The right to see the night sky without the
interference of unnecessary artificial lightfrom growth,
urbanization and highway development.
12) The right to the absolute minimum involuntary
exposure to toxic chemicals, radioactive substances
and energy forms that are hazardous to health.
13) The right to maintain and not exceed the carrying
capacity (sustainability) of the land and water, and
including protecting water quality.
14) The rightto expect from ourgovemment legislation
and active enforcement of land use and development
regulations consistent with this Ecological Bill of Rights.
page 22 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
Environmental
GREEN BUILDING
Background
The "green building" guidelines for Burlingame Ranch
affordable housing are an important part of the Goals
of Development and reflect the City of Aspen
Ecological Bill of Rights. These guidelines are
organized under nine primary topics: Save Energy,
Reduce Private-Auto Dependence, Reduce Material
Use, Protect and Enhance the Site, Select Low-Impact
Materials, Maximize Longevity, Save Water, Make the
Buildings Healthy, and Minimize Construction Waste.
Designs for Burlingame Ranch affordable housing shall
incorporate as many of the following topics and goals
as possible. At a minimum, designs shall comply with
the 1999 Aspen/Pitkin Energy Conservation Code.
The economies of scale with a project of this size
should help make green building more affordable.
Similarly, the final design shall maximize use of the
most cost effective strategies prioritizing no-cost and
low-cost strategies. Documentation of this process
will provide an important educational tool for the
community, demonstrating the steps taken to create a
model for sustainable design.
Save Energy
Saving energy by maximizing energy efficiency can
create a healthier and more comfortable environment
to live in while minimizing environmental impact.
Residents have the right to efficient and renewable
use of energy including tight, well-insulated building
envelopes, passive solar heating, day lighting, reduced
HVAC reliance, and maximized renewable energy
sources.
Reduce Private-Auto Dependence
Reduction of traffic on Colorado State Highway 82 is
a goal of the City of Aspen. All efforts should be
implemented to discourage private automobile trips
from Burlingame Ranch affordable housing by creating
a convenient, transit-oriented community. Designs
should encourage alternative modes of transportation
particularly public transit as well as safe, attractive,
and convenient walking and bicycle opportunities. The
shared car program recently initiated for the City of
Guidelines
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 23
Guidelines
~,
Environmental
Aspen should be studied for use at this site. Perhaps
community cars could be made available to residents
who are willing to limit their parking needs.
Reduce Material Use
As an affordable housing project, reduced material use
to maintain affordability and allow for an adaptable
design is a must. Housing should be made of highly
durable, attractive materials with open floor plans that
allow flexibility for homeowners to expand their units.
Protect And Enhance The Site
Burlingame Ranch has a legacy as a working ranch.
This legacy is both important aesthetically and
environmentally. All efforts should be made to protect
and enhance the site, maintaining the character of the
working ranch as well as the ecological integrity of the
site.
Select Low-Impact Materials
Residents have the right to the absolute minimum
involuntary exposure to toxic chemicals and energy
forms that are hazardous to health. Select Icw-impact
materials that are resource efficient and biodegradable
to minimize environmental impacts and maintain indoor
air quality.
Maximize Longevity Of Buildings
Maximize longevity of buildings to maintain
comfortable, safe and affordable housing. Housing
should be made of highly durable, easy maintenance
materials with open floor plans that allow flexibility for
homeowners to expand their units as family needs
change.
Save Water
The working ranch character of the site should be
maintained, minimizing suburban-oriented
landscaping. Save water through both indoor and
outdoor conservation. Similarly, opportunities to
recycle water from sources such as washing machines
and showers for irrigation and other uses should be
explored.
page 24 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
Environmental
Make The Buildings Healthy
Make the buildings healthy and create a comfortable
living space. Reduced• sources of pollution from
building materials, adhesives, finish, paints, carpets,
cabinetry, and particleboard should be implemented
to create optimal air quality for residents. Similarly,
recycling binds should be incorporated into the design
of the project to ease everyday recycling for residents.
Minimize Construction Waste
Construction waste should be minimized through
recycling efforts and salvaging usable materials.
Guidelines
°~_~''
~~.
w,-= '
r.r,.
~y ,-~ ~ `;
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 25
Guidelines
~.
Environmental
WATER USE
Introduction
In an effortto create a sustainable development, every
effort should be made to conserve and recycle water
in acost-effective manner. Water conservation can
be accomplished both within the buildings and
throughout the site through innovative yet practical
solutions. While proposed solutions may be new to
the City ofAspen, they should not be experimental and
this project must be served by the Aspen Sanitation
District. Water use is addressed in a number of other
sections of the guidelines and should be referenced as
well.
Domestic Water Use
Efforts to conserve domestic water use should be
explored throughout the buildings. The installation of
water saving devices, individual meters and water
efficient appliances. Graywatersystems,whichrecycle
water for irrigation and other uses, should be avoided
because of concerns for the health of adjacent hay
pastures and livestock.
Non-Domestic Water Use
Non-domestic water use should be managed
responsibly. The goal is to minimize water runoff and
provide designated uses for surface runoff.
Several alternatives should be considered and
evaluated in an effort to realize these goals: reduction
of impervious/paved areas, exploration of alternative
_ _ paving techniques, and minimizing landscape
irrigation. Methods should be explored to capture,
collect, transport, and reuse storm water runoff rather
than piping storm water into underground systems.
Irrigation ditch. water should be used whenever
possible to limit domestic water use for landscape
purposes. All alternatives should consider the desire
to minimize erosion of soils due to surfacewaterrunoff.
With the high percolation rate of the soil, constructed
wetlands may be the best option for storm water
collection and percolation. Filtration systems should
be considered to prevent contamination of the
groundwater. The introduction of decorative water
features is discouraged because of economic and
sustainable design considerations. The infrastructure
section of the development plan further describes storm
water runoff management and storm sewer guidelines.
The successful integration ofthese water conservation
page 26 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
~,~;; ~ -^
Environmental Development Guidelines
measures will lead to the most sustainable development
possible, will be respectful of the history ofthe site and
will supportthe desireto minimize the suburban-oriented
character of the development.
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 27
Guidelines
Environmental
LANDSCAPING
Introduction
The landscape guidelines are spec~callytargeted toward
the definition of an appropriate planting palette forthe
site. Issues related to arrangements or open space
and the overall character of the sRe is discussed in detail
in the Architecture Guidelines section ofthis report.
Character Of The Existing Site
As discussed in the Physical Characteristics of the Site
section, the affordable housing site is characterized by
sagebrush shrublands. While sagebrush may not
necessarily be native to the site, the open character of
the landscape is appealing. Surrounded by hay
meadows and dense montane and sagebrush
shrublands, this site offers an opportunity to develop
the landscape in a manner that is in contrast to the
landscape treatment found within the Aspen core. The
more manicured landscapes found in town are not
appropriate given the working ranch context of the
existing site.
Character Of Proposed Landscaping
In an effort to respect and acknowledge the existing
landscape, all planting schemes should emphasize
indigenous vegetation, reduced irrigation, and alternative
forms of management. The planting palette should focus
on native and naturalized species. An understanding of
native plant groupings and how plants grow in
relationship to one another should be reflected in the
final designs.
Concerted effort should be exercised to avoid the
temptation to "suburbanize" the landscape. This theme
of the natural landscape should extend to private as
well as public spaces. As the project develops, specific
regulatory guidelines will need to be developed to direct
the development of personal landscape zones in order
to insure an emphasis on native and naturalized plant
species.
The emphasis on the native landscape is critical for a
number of reasons. By using native plants, the natural
habitat for insects, birds, and other wildlife will be
preserved. Native plants are also better adapted to local
conditions and will need less watering and pesticide
treatment. Additionally, native, edible flora will help
maintain pockets of biodiversity by providing better
wildlife habitat.
page 28 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
.-.
~r
Environmental
Tree Plantings
Though the native vegetation of the affordable housing
site does not currently include trees, tree plantings are
desired to create a more livable site and to provide
shade. Tree plantings should be compatible with the
native vegetation. Tree plantings should be used to
define the streetscape and to create shade in the public
and private open spaces.
Irrigation
Irrigation ditches have been used throughoutthe history
of the site to irrigate pasturelands and other landscaped
areas. This tradition should continue as a means of
providing irrigation for proposed landscape improvements
to the site. Irrigation ditches should be developed into
site amenities while being mindful of safety
considerations and other overriding regulatory
requirements.
Storm water runoff should also be used to supplement
irrigation requirements. In this way runoff can be
developed into an amenity for the site. Landscaping
can be used to capture and store runoff, improving the
drought tolerance of the site while protecting the site's
natural hydrology. For more on water referto the Water
Use Guidelines.
Educational Opportunities
Ultimately guidelines for landscaping both public and
private open spaces should be developed to educate
the residents aboutthe unique opportunities at this site.
While not a requirement ofthe initial design work, these
guidelines will be important to residents as they move
into the development. Anytypeoflandscapeguidelines
for the residents should encourage education about
native plants and their use on the site.
Opportunities to educate the residents might also include
involving the residents in the development of a restoration
plan for the site, in the organization of community
gardens, compost areas, and/or greenhouses, and in
the ability for cooperative purchasing of native plants for
private use. Educational opportunities could eMend
beyond the affordable housing site to educating the
residents about the long-term conservation and
management practices for the balance of the Burlingame
property. Opportunities to work collaboratively with the
Burlingame Ranch on a tree farm to raise acclimatized
tree stock should also be explored.
t~ ..,
n
Guidelines
fix. , .
~,
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 29
:r
Guidelines
~^
~„
~„
Environmental
WILDLIFE MANAGEMENT PLAN
Introduction
As required for the development approval process, a
Wildlife Guidelines & Management Plan have been
prepared for both the affordable housing and free
market sites of the Burlingame Ranch development.
The affordable housing Wildlife Management Plan is
based on research conducted giving a general
inventory of existing wildlife on the site, existing wildlife
corridors, plant species and such. Overall, the
research findings did not find a significant wildlife
corridor on the site, nor any records of endangered
animals or plant species.
Based on the environmental findings (see exhibit), the
Wildlife Guidelines & Management Plan addresses
several issues that are reflected under the following
headings: Conservation Easements and Wildlife
Protection Actions (addressing both domestic pets and
natural vegetation).
Conservation Easements
A Wildlirfe Management Plan is the first step in dedicating
several conservation easements associated with
Burlingame Ranch. As owner of the property, the City
of Aspen will execute a conservation easement on the
property generally referred to as Deer Hill, a.k.a.
Burlingame Ranch. The conservation easement is a
tool to restrict future development, as well as preserve
open space for wildlife, with particular interest in the
"Back Bowl" of Deer Hill.
The Deer Hill conservation easement, and all other
easements-associated with the development of
Burlingame Ranch, will be finalized after land use
approvals have been granted. See the pre-annexation
agreement (attachment X) for a detailed description
of the conservation easements to be executed
including those associated with the free market
development. Easements associated with the free
market development include a ranching easement and
a conservation easement on parts of the Maroon Creek
Corridor. These easements will insure the ranching
heritage of the site and preserve the sensitive riparian
corridor along Maroon Creek.
With consideration ofthe environmental research and
the proposed conservation easements, no further
page 30 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
~,.
Environmental Development Guidelines
"wildlife corridors' are recommended for dedication.
While wildlife is important to the site, extensive and
costly solutions designed to manipulate or enhance
the site for wildlife are not desired.
WILDLIFE PROTECTION ACTIONS
Dogs
The City of Aspen and the Zoline family entered into
a pre-annexation agreement initiating both the
proposed affordable housing and the proposed free
market housing. As a method of wildlife protection,
the following statement appears in part of the pre-
annexationcontract (see attachment, p.1 D):
In orderto protectwildlife, ranch cattle, horses,
and other livestock from harassment, the
General Declarations of Covenants,
Conditions and Restrictions to be imposed on
both the Free Market and Affordable Housing
Components shall include provisions and
penalties that prohibit dog ownership (other
than farm dogs belonging to owners or
employees of the Fathering Parcel and
specially trained service dogs for use by
visually impaired persons or persons with
other medical needs). The respective
homeowners associations shall be required
through appropriate covenants to vigorously
enforce these restrictions. No dogs shall be
allowed on the cabin site, including dogs
belonging to the owners of the Fathering
Parcel.
The Goals of Development for the affordable housing
development similarly address the desire to protect
wildlife, "To build an affordable housing village and free
market homes complimenting the existence of the
working ranch and surrounding open space."
Restriction of dogs insures a level of safety for the
wildlife in the surrounding open space, the livestock
associated with the working ranch, and the residents
of both the affordable and free market neighborhoods.
Permanent signage regarding the restriction of dogs on
the site should be posted at regular intervals on the
property to inform visitors/guests. The trails leading
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 31
,~.
Development Guidelines Environmental
s° '~`~ ' . ~ •'~ 'i into Burlingame Ranch should also be posted as dog-
- `.. ~ ~~' , i free to discourage trail users from bringing their pets
" >. ~ I ' ; onto the site.
J ,,
~~ 7 e The issue of whether or not to restrict cats has been
~ "~ ~~r?x ; discussed. At this time, no restrictions have been
' ` ..; :' -,' ' proposed limiting cats at the affordable housing
_ . ,,_, , - '~,. ; development.
-r
Green Landscaping
Green Landscaping guidelines will be implemented in
the design of Burlingame Ranch Affordable Housing
to conserJe native plants, grasses, and such.
Conservation of the native landscape will provide
natural habitat for insects, birds, and other wildlife.
Native plants are adapted to local conditions and will
need less watering and pesticide treatment. Reduced
"suburban" landscaping, such as fertilized and
manicured lawns, will reduce impact on existing wildlife
and the native plants. The landscape guidelines are
outlined in more detail in other portions of this
document.
Fencing
Fences should be used sparingly. Fences impede
wildlife movement and diminish the sense of
community. When used, fencing should be functional
and contribute to the community identity. All fencing
should meet Department Of Wildlife guidelines. For
additional information refer to the Architecture
Guidelines.
Trash Receptacles
All trash receptacles and recycling facilities shall
comply fully with Aspen City Codes, including bear-
proof garbage receptacles.
page 32 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
;~ ~ - -
1
Yc . :.iyii ~.
Infrastructure
INFRASTRUCTURE
INTRODUCTION
A basic investigation has been conducted to
understand and identify overall issues with regard to
bringing utility connections to the Burlingame Ranch
Affordable Housing site. No issues have been
identified that would preclude development of this
project. A summary of work to date and findings for
the major utilities is outlined below. A utility drawing
showing existing utilities and off site utility extensions
required to serve the housing project is attached. Utility
layout has been coordinated on a conceptual level with
the free market development. Detailed design should
be further coordinated.
SANITARY SEWER
Tom Bracewell
Aspen Consolidated Sanitation District
565 North Mill Street
Aspen, CO 81611
(970)925-3601
The Aspen Consolidated Sanitation Districtwill provide
sanitary sewer service. An existing 24" Sewer main is
located adjacent to Maroon Creek. A proposed
alignmentforthesavitary sewer is outlined on the utility
drawing. It will cross a portion of the free market lots.
This connection will require laying pipe along the steep
slope that separates the river from the Burlingame
property. Slope stabilization and minimizing erosion
along this slope is of utmost importance. Once a site
plan has been established, detailed design, slopes and
pipe cover will further dictate the final sewer main
alignment.
WATER MAIN
Phil Overeynder
Aspen Water Department
500 Doolittle Drive
Aspen, CO 81611
(97D)920-5110
Water will be provided by the Aspen Water
Department. An existing 16" water main is located
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
Guidelines
page 33
Guidelines
--•
Infrastructure
along the west side of Hwy 82 from the Maroon Creek
Bridge up to the AABC. A second existing loop has
been constructed around the Maroon Creek Club, a
portion of the loop is 12" and a portion is 8°.
Two new water loops will be necessary for the
development of the Burlingame project, one for the
affordable housing and one for the free market
development. Each loop shall be designed with the
ability to be constructed on independent schedules.
Coordination of both loops is described in the Water
Service Agreement of the Pre-Annexation Agreement.
The affordable housing loop to the property would tie
into the 12" main along New Stage Road near the
Maroon Creek Club. The proposed main would extend
west to the Burlingame project along the same
alignment as the proposed access.
The free market loop would extend across Hwy 82
just northwest of the Maroon Creek Bridge and extend
to the project along the same alignment as a portion
of the existing under ground electric until it crosses
Old Stage Road. It would follow Old Stage Road east
along the access to the free market lots. At the north
end of the free market lots it would parallel the
proposed sewer main alignment to the Burlingame
property.
TheAspen Water Department recommends that a third
loop be installed along an alignment paralleling the
above ground power line from the Burlingame property
northwest to the AABC. This loop would provide a
second fire flow loop to the AABC. Investigation is on
going to determine if the loop to the AABC is required
or if it will be a separate project or eliminated aRogether.
page 34 AFFORDABLE HOUSING LAND USE 6 DEVELOPMENT PLAN
+.
Infrastructure
\~~ "~ nn p~il °~ ~, ,
~~ I ~ aE i i~ ~~
';~~'~~ ~ aooo ~~
j I Ir--1 ~ j~ ~ ~''~
I I y~I~ i
! ~,J " ~ ~ I
I1 /
i I' D 0 / ~ ASPEN
r- - -~ VALLEY
LAND
m~ I ! ~ TRUST
2' i ._..__._ __
'T '- -
! I'
j ~ DEER HILL !
II ! I
j 1
I I
I ~ i
I Ij ! i
III
11 I
`.~ "(
I j j - ~ PROJECT SITE
Guidelines
PROPOSED WATER
& SEWER LINES
c
o
O
o
OO
-~:
nn
~: ` . ~~
~~ \ C-
~
~`
/ ~
}
~
~, ~~~ I, ~,
c.
0~.!
,4
_y~ -_."~IIF1
I ~ E-
~ ~~1• ~ ~~ :. ~V1 i tl "`~.
I ~
r ~
~~ ~ ~ - \BAR X RANCH `fib E I~Y~
1 _ ~~
~\ ~~~ ~~ ~>, ~ ~ I ~, q ~~'~ ~ ~~~~~~ it 1~ r: ~4 ~;
~ D [
~ ~ ill /ET+. ~ I `~d ~ ~I ~~~i [~) r-,-- __
~\J /l ~ V kk /
\ ~ _~'_
yyyy----~~~~~ ~ ~ f ~ l
~ ~:. -~ ~ ~~ j I I // J
/~_ _ 9I BAR-X RANCH ~ , ~ ~ "`_ ~
V I ~ MAROON CREEK ^~I~ ~ ] i /
~// CLUB ddd ~ ~ ~ s
~~i ~ I ~~ ~~I i I ~ e ~
~; / ~~~\ ~l1/ ~+. I`1L. Alf .l,~l D
LiISi NL W.RR _.,_,.-~-~- ~.-~-_ ~-
PRLnO5E0 WARP • ~ ~ ICI ~ \ ~\_. ! ~ ~J
WSiIN4 SEWER r , ' f
VPWOSS YWEfl ~~~~~~~~~~• ~ ~ li
'~\.~...
~. ~..~ ~l ~`~
~ \ ~
xovm :: -~ O ~ ~ ~ ~~.
xo* *a swa ~ --
~.\-..
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 35
-.
Guidelines
Infrastructure
TELEPHONE
Frank Jesse 384-0259
Qwest-Telephone
921 Grand Avenue
Glenwood Springs, CO 81601
(970) 384-0259
An existing fiber optics node at the Maroon Creek Club
overpass has only 200 homes connected to the node.
A trunk line extends toward the property from the node
but Quest is not sure if the trunk line has enough
capacity to serve the project. If the trunk is not large
enough a line will need to be extended from the cabinet
at the overpass along New Stage Road to the new
access road and then into the project. There is also
an existing node at the Aspen Airport Business Center
but this node has higher existing use and would be
harder to extend to the project.
NATURAL GAS
Jeff Shreeve
Kinder Morgan Energy
96 County Rd 16
Glenwood Springs, CO 81601
(970) 928-0405
Gas is available at the intersection of New Stage Road
and Old Stage Road. The proposed gas line would
extend west to the Burlingame project along the same
alignment as the proposed access or the same
alignment as the existing underground electric. A
looped system is required to serve this size of project.
KN Energy has proposed a loop that would tie into the
AABC development to the northwest along the same
alignment as the existing overhead electric and
proposed water main. Investigation is still underway
to determine if another alignmentwould be acceptable
forthe proposed gas loopto avoid impactingtheAVLT
parcel.
page 36 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
,...
~,
Infrastructure
CABLE
Mike Johnson
AT&T Cable Services
1605 Grand Avenue
Glenwood Springs, CO 81601
(970)945-2804
A Cable TV connection is available at the intersection
of New Stage Road and Old Stage Road. The
proposed cable line would extend west to the
Burlingame project along the same alignment as the
existing underground electric.
ELECTRIC
Libby Cowling
Holy Cross Energy
3799 Hwy 82
Glenwood Springs, CO 81601
(970) 945-5491 ext. 5428
Two existing overhead electric lines cross the
Burlingame property running north and south. Both
overhead lines tie to an existing overhead line north
of the property. The lines split to two lines one each
on the east and west sides of the property. Both tie
into the under ground electric line south of the property
along Old Stage Road. The existing overhead electric
along the east side of the property was upgraded in
2000. Holy Cross has indicated that the overhead
electric line across the west side of the property and
the line north of the property connecting to the AABC
needs to be upgraded for current demand. Electric
lines through theAVLT property are proposed to remain
overhead even after upgrading. It is recommended
thatthe Burlingame project coordinate closely with Hoty
Cross on the proposed location of any lines crossing
the property so that the final location fits with the
proposed development. Overhead lines within the
Burlingame Ranch property will be removed and will
be relocated underground.
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
Guidelines
page 37
.~ .~,
Development Guidelines Infrastructure
°~ (~ o
~~~ to
0
0
PROPOSED FRANCHISE
UTILITIES
it !I ~ 'ice ~ v I '\
~ i ~ ~ j ~ ~'~~ j
{j I _~ ~ / ~ ASPEN ~••• I c. ~y
~,I I j I LAND ~ 'i~ J t ~...;
} ~ I~ ~ TRUST ~ ~L`'..~ ~ ~a ~ y°
3 1 i I .. _.._ .i ._ _. L'~ ,' _ ~ 5i C ~
.1 ~ ~j ~'~ ~ '• r -._, ~ y t
ij ~ I DEER HILL ~ ~ '' r. ] `"-
e F ~ / : • J
it il~ >pa ere ~~~" l0'6 I ,PROJECT SITE ~ % '~~-~~\
w.v
,I ~~~ ao sucE ~aano ,: w a ~v / v ~~~
~~ I • i ~-.`1{~~ '~ ~ i1
II I~ ~. ~~~'~•~f.3TidCCifcTrei \ • j •'i i9 ` ~. r
i
J•.,r --_/ -.°.. is r~
-~ ~~I ::'~ ': ~ ~,~, trlr', rl
qq
=fir ~ 'i~y i ~ AR-X RAN~N ••~~~ ~~.~ ~ w 1
t '- I ~, '~ ~~r' ,t ,
\ \ ~/I ~~: •i1~ 6 ~ ~ ~ ~ cam/
~~ ~ '\ III; MAROON CREEK 11 BAR-X RANCH ~' ~/~F'r ''•'•••`
,~, ~~~~ ' - ~ il~l~ cEUS I~ ~ , r~~ ~, .
.. ~ ,,~~ ~ ~I~
o GHQ ~~`\~ ,~~~~ `~"~, ~ ~C~1 ~~~ p
`~' C7 ,` r, ~§ Y ' ~~a
~ ~ t _ r'
~ ~'~~~~; I~ %.'
oN,re
NOL i0 SCPtE ~ \\ `~
page 38 - AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
4.+
Infrastructure
STORM DRAINAGE
The Aspen Interim Design Construction Standards for
storm drainage shall be incorporated for this site. This
includes initial storm return frequency fora 5-year
storm and a major storm return frequency fora 100-
year storm. Until a site plan is established the storm
water surface storage volume and locations will not
be able to be determined. Every effort should betaken
to maintain storm water detention/retention on-site.
Several alternatives are possible for detention of storm
water including ponds, vegetated swales, and passive
use landscaped zones. Two logical locations for
detention ponds include the low point of the site toward
the northeast and a low area on the southern end of
the property. Detention ponds should be designed to
serve as an amenity to the project when possible. Dry
wells should only be used as necessary to supplement
infiltration storm water into the soils. Off site detention
or drainage swales should be investigated or adequate
on-site space will be required for detention to maintain
historical storm drainage flows.
Guidelines
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 39
~ .ji _._ _j1 ,
J .. - ~~
r'^
Transportation Development Guidelines
TRANSPORTATION
PEDESTRIAN CIRCULATION
Background
The Burlingame Ranch affordable housing should be
designed as a pedestrian friendly environment. The
pedestrian is the foundation of all functional access
and circulation systems. The need forwalking cannot
be ignored in even the most auto-oriented areas.
Developing apedestrian-oriented site requires
planning for the pedestrian before other major site
decisions are made. Pedestrian systems are often
fitted into sites after key site layout and access
decisions are made. This almost always fails.
Good pedestrian circulation systems require direct,
barrier-free walking routes; clear sight lines; and
strategically placed pedestrian spaces. It is usually
difficult or impossible to achieve these once buildings,
parking lots, driveways and drainage features have
been laid out.
Good connections are of particular importance to
planning and design of the pedestrian circulation
system. Without connections, no site has much
potential for active use. Mixed-use sites in particular
thrive on good internal connections among on-site
uses, and on external connections to nearby land uses.
Both visual and physical connections are needed.
Clear visibility of buildings and places on the site from
other parts of the site and from nearby areas improves
the efficiency and functionality of the pedestrian
circulation system. People orient to their surroundings
visually and make choices based on what they can
see. Care should be taken in working out sight lines
and view planes to ensure that the site is highly
"readable" both externally and internally. Site layout
and building architecture should be used strategically
to inform pedestrians (and other travelers) and shape
their subconscious and conscious perceptions.
Pedestrian movement should be considered in the
context of a clearly defined system of pathways that
is both safe and welcoming, encouraging residents to
walk to transit stops, neighboring homes, and other
local travel destinations. Connections to off-site
locations are addressed in detail in the Trail Guidelines
and Management Plan.
~.
` _ ~ ,
w
~.
~ ,
b
a! k
Fars ~~
~ '~ ?~
Y !2. i 3 f
~ ~ ~' ~
~ >~. ° .;
~~~~ ;s. ~
-."tea..
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 41
~. ^,
w.r
Development Guidelines Transportation
Sidewalks
Sidewalks provide a means of internal circulation for
pedestrians only. Sidewalks should be located parallel
to the primary roadways to encourage people to walk
within their neighborhoods. Creating a safe, inviting
pedestrian environment for walking and personal
interaction should be an integral component of any
development plan.
Sidewalks can be detached or attached to the adjacent
roadways. Detached walkways are preferable, where
space allows, providing physical separation between
pedestrians and vehicles. The zone between the
roadway and the sidewalk then leaves opportunities
for a landscaped zone, generally referred to as a tree
lawn. A detached sidewalk enhances the beauty,
safety, and shared common space in a neighborhood.
For the health of the tree lawn and a more efficient
irrigation system, tree lawns should be at least 4 feet
wide with an 8 to 10 feet width preferred.
Walkways should be used to create a hierarchy
between public and private spaces.
Concrete is the preferred material for the primary
sidewalk circulation system. Concrete as well as other
materials maybe appropriate for secondary walks. A
5-foot width is the minimum with 8 foot preferred for
the primary circulation system. All sidewalks should
comply with the Americans with Disabilities Act (ADA).
In the design of the roadways, step-up curbs are
preferred over rolled curbs. Rolled curbs are
discouraged because they encourage auto-parking on
the sidewalk, obstructing safe and comfortable
pedestrian movement.
Shared-Use Path
Shared-use paths provide access to and through the
site not only for pedestrians, but also for bicycles and
roller blades. Shared-use paths connecting to off-site
trails and destinations are outlined in the Trail
Guidelines and Management Plan section. Shared-
use paths can be paved in concrete or asphalt, or
unpaved. If unpaved, the path can be formalized with
crusher fines or some other such material or more
informal such as a track. A combination of alternatives
is possible and may be desirable within the site.
Shared-use paths should be a minimum of 8-10 feet
wide.
-page 42 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
w
Transportation Development Guidelines
TRAIL MANAGEMENT PLAN
Background
Recreational and commuter trails are a significant
element ofthe proposed Burlingame Ranch affordable
housing. These trails are intended to reddce the use
of automobiles, provide recreational opportunities,
provide safe pedestrian and bicycle travel corridors,
and also to expand the City of Aspen trail system.
Paved commuter trails would connect the affordable
housing to Aspen, the Airport Business Center, and
Snowmass Village. Recreational trails would meet the
recreational needs of walkers, runners, bicyclists,
rollerbladers, equestrians, Nordic skiers, snowshoers
and other non-motorized users. These trails would be
planned in close cooperation with the City of Aspen
Park's Department,. and would meet all design
standards and guidelines of the City of Aspen
Pedestrian Walkway and Bikeway System Plan.
Location
The commuter trail alignment should parallel the
access road to the affordable housing site, so that
disturbance to existing vegetation and habitat is kept
to a minimum. This trail should continue westerly along
Old Stage Road to connect with the existing regional
trail system, including the Aspen-AABC trail and the
trail to Snowmass Village (via the pedestrian bicycle
underpass at Highway 82).
Easements already exist for Nordic trails (winter use
only) on the adjoining Maroon Creek Golf Course. The
Burlingame Ranch Nordic trails will be aligned in close
cooperation with the Golf Course Supervisor of the
Maroon Creek Golf Course. It would be ideal if Nordic
alignments could be identified and preserved through
Burlingame Ranch to provide convenient connections
to these winter trails on the golf course.
A defined recreational trail is desired to connect the
affordable housing component of Burlingame Ranch
to the Aspen Airport Business Center. This trail
connection is desirable to minimize the impact of
potential social trails. Several constraints are inherent
in the development of this specific trail: easements
would need to be acquired from three private
landowners for development to occur; and the existing
slopes are so steep that the cost required for the trail
~ i;~'zrt'~' ~'
. sc 1
Y 1 ( ,t~R
~ ~v 4.
~~,~ ~ ~ ',4 d~ ul. 5+~
"€,~
~~
~~ ~~~^
d ..
. ~ 1^
fE_
F
~'`"
0 ' ~.
*
,.
~%w r
.
SPY
t
l
~~ i'._. 4 r
~, ,~t•,
~r~„.
,~
.,r
~ a:;
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 43
.,.
Development Guidelines Transportation
'` _ ~T-y
~~
tv Y~:
development may be prohibitive. This alignment would
cross three privately owned parcels of land, including
theAVLT property.
No additional recreational trail connecting the
affordable housing component of Burlingame Ranch
to the Roaring Fork River through the free market
property is permitted. This access has been restricted
to minimize the threat of erosion, the loss of habitat
and the threat of trespassing.
Design
The commutertrail is intended to be a detached facility
-separated from the access road. There should be a
minimum of eight to twelve feet of separation between
the road and the trail. This "greenway" allows for
improved aesthetics, increased safety, and high
maintenance standards.
Commuter trails should be paved and a minimum of
eight feet in width with an attached four-foot soft surface
shoulder- space permitting. Commutertrails should take
the most direct route possible and comply with ADA
standards. The commutertrail may need to be narrower
and located closer to the access road in the sections
adjacent to the Deer Hill bowl and the Soldner property
to reduce impacts on wildlife and to minimize cut.
Nordic trails on the Maroon Creek Golf Course should
be 12- 20 feet in width, depending on the space
available, and should be aligned in close cooperation
with the Supervisor of the Maroon Creek Golf Course.
The Nordic trails on Burlingame Ranch should be 12-
14 feet in width. All Nordic trails would essentially
disappear in the summer - all signage, trail markers
and other visible signs of a trail system would be
completely removed by the City Park's Department.
The Aspen/Snowmass Nordic Council shall be
consulted in any decisions regarding development of
a Nordic trail in this area.
Recreational trails shall be single-track, natural
surface, and either hand-built or built with very small
trail-building machinery. The tread surface shall be
two to four feet in width, with all cut slopes restored. It
is much less expensive to build single track trails now,
to define the user corridor, than to restore vast areas
of eroded, degraded hillside later.
page 44 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
+"q
4./
All trail designs shall be done with the close cooperation
of the City of Aspen Park's Department:
Maintenance
The City of Aspen Park's Department would be
responsible for maintenance of the Burlingame Ranch
trail system. These trails would be added to the Park's
Department management priority list.
Maintenance tasks on summer trails would include
inspection, sweeping, trash removal, pruning, mowing,
trail repair, weed control, drainage control, signage,
and mapping. Winter tasks would include snow and
ice removal on the commuter trail.
The City of Aspen Park's Department, in accordance
with an IntergovemmentalRgreement between the City
of Aspen, Town of Snowmass Village and Pitkin
County, would maintain the Nordic trail system.
Maintenance tasks would include system set-up in the
fall, grooming during the winter, and system breakdown
in the spring. Grooming would be done on an as-
needed basis.
Implementation Schedule
The commuter trail should be constructed atthe same
time as the other infrastructure facilities. Significant
cost sharing could be realized by using the same
contractors.
The single-track trails should also be constructed as
soon as possible, to decrease the amount of
environmental degradation caused by a lack of trails.
The Nordic trails should be aligned in the fall after full
build-out and occupancy has been achieved. The
decision to groom will be made based on expected
demand.
Development Guidelines
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 45
Development Guidelines Transportation
VEHICULAR CIRCULATION
ASPEN __
AIRPORT
BUSINESS ~
CENTER i~
ASPEN 1
y
O VALLEY S
n IAND
v TRUST
o
a
y
,_____
~
_
f
~
\
DEER I ~ ~'_~ ~~
~
'
HILL t •
•~.+) )~
AFFOFtOABIE (
~"
, HOUSING _..~ \
9}
$RE '~,(ra SAR-X RANCH ~"£
) ~
~`~' J ;
P uc I
TGROGEPry
II 1
I
~i ~,
I
\
MAROON CgEEq
cLU° BAq-x
RANCH
h~ i
~1
s
z
,
' ~
r°~
`j i
~~
Fry
u~agram - Hccess test o/ Soldner Property
Background
The design of the vehicular circulation system involves
two considerations: access to the affordable housing
site from Highway 82 and circulation within the site
itself. Both roadway designs should be sensitive to
the following issues: landscape impacts, wildlife
impacts, traffic speed, traffic noise, feasibility oftransit
routes, emergency vehicle access and response time,
capacityAevef of service, and cost. All roadway designs
should comply with the City of Aspen Engineering
Department standards. Roadway layouts should
provide for the safe and efficient movement of vehicular
traffic, subject to the need to ensure the safety and
comfort of travel by other modes such_ as walking. The
roadway systems should be clearly legible, providing
a logical order and orientation to the site.
Access to the Site
CDOT and the City of Aspen have already identified
the access point to Burlingame Ranch on Highway
82. The design for the intersection is currently
underway and will include a traffic signal, an underpass
beneath Highway 82, and an underpass beneath the
Burlingame access road. The underpasses will provide
unimpeded pedestrian, bicycle and other non-
motorized movement along the regional pathway
system.
The road alignment into the affordable housing site
can follow two general alignments: to the west side of
the Soldner property, orto the east side of the Soldner
property along the fence. Either alignment should be
designed for no more than a 5% grade. Both
alignments were studied by the Task Force with the
majority preferring an alignment to the west. A minority
of the Task Force preferred an access to the east of
the Soldners. Pros and cons for the two alignments
are outlined below.
A road alignment to the east of the Soldner property
has no impact on the back bowl of Deer Hill and
requires little grading or cut and fill for the road
alignment itself. This route, however, would require
berming or a dense hedgerow on either side of the
road to minimize the view of the road from the Soldner
residence and from the rest of the Burlingame property.
The road width in combination with the adjacent
page 4fi AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
Digital Simulation -Access East o/ Soldner Property
R..h
4s
Transportation Development Guidelines
landforms would require that the Zoline family reduce
the amount of existing pastureland. This is not a
desirable alternative for the Zoline family. Additionally,
this road alignment raises issues addressed in the
agreement between the City of Aspen and the Maroon
Creek Club (see appendix). That agreement prohibits
vehicular traffic generated by the proposed affordable
housing development from using the roadway system
through Maroon Creek Club; vehicular traffic from the
Burlingame free market homes and the adjacent private
landowners are not encumbered by any restrictions. An
access road in front of the Soldner property requires a
physical barrier at the intersection of Old Stage Road
and New Stage Road to separate free-market traffic from
affordable-housing traffic. The design of the physical
separation may be difficult for a variety of reasons, both
aesthetic and functional
An access road behind the Soldner residence avoids
the complications at the Maroon Creek Club
intersection because affordable housing traffic is never
routed in this direction. This clean separation of traffic
patterns is desirable to a majority of the Task Force.
This alignment also allows the existing pasture
operations to continue uninterrupted. This alignment,
however, does bring both vehicular and pedestrian
circulation closer to the back bowl of Deer Hill and
requires significant grading along the hillside.
Several alternative road configurations were
considered behind the Soldner residence: an at-grade
alignment; an elevated road which would enable
wildlife to move beneath the road along an improved
drainageway; and a depressed alignment that would
create a land bridge above the roadway for wildlife
movement. The Task Force is overwhelmingly in
support of the at-grade crossing option. Reasons for
their support of this option included cost and that fact
that there is no proven documentation that a separated
crossing will be successful (it's impossible to dictate
where wildlife will travel).
Digital Simulation -Access West or Soldner Hroperry
ASPEN --
AIRPORT
BUSINESS ~ -
CENTER ~ - '' 9
ASPEN 'g~
0 VALLEY
p LAND
n TRUST '~
o°
z .________~-__i~__________~ -
I , -- ~~
DEER 1 + `
HILL % ~~ ~ ~ '
~AFPOROABLEf I• ~r
HOUSING ~ `<l
•¢ITE' / _'.~~~ • BAR-X RANCH ~~ i ~
_.J~ 11,:
••~- 1
•CCE66-/ I II
Onipx ~,
I i TGRW ENtt
it ' li
I
1
MAROON CREEK
CLU6 BAR-X
RANCH
"'r, ~'' ,
oz
_~
T~~fp `J
eN
Diagram -Access west or a^mne~ rruyeny
Other access road possibilities were discussed but
should not be studied further at this point. An access
road through theAVLT property connecting Burlingame
directly to the Aspen Airport Business Center is
desirable to many of the Task Force members. This
alignment, however, requires easements from three
private properties including AV LT and may be
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 47
Development Guidelines
prohibitively costly to mitigate the existing steep slopes.
An emergency access route providing a secondary
point of entry into the affordable housing development
should be designed to connect the free market housing
road system near the future location for the Ranch
Manager's home. This route would only be available
for emergency use and should be coordinated with
the free market development. Appropriate measures
should be taken to insure that this road alignment is
used only by emergency vehicles.
Vehicular Circulation Within the Site
The circulation pattern forvehiculartraffic istied closely
to issues discussed in the Neighborhood Pattern
section of the Architecture Guidelines. In many
respects, the roadway system establishes the overall
framework for the layout of the rest of the site. Several
road layouts were discussed by the Task Force
including a gridded street layout and an internal loop
road with spurs. The impact of these layouts on the
neighborhood character will be addressed in the
Architecture Guidelines.
The Task Force would like to avoid street patterns that
resemble the suburban residentialdevelopment. Dead
end cul-de-sacs are discouraged. The Task Force
recommends a street pattern that organizes the site
in a logical mannerfor both the resident and the visitor.
Roadway widths should be minimized to reduce the
amount of asphalt on the site. Roadway grades should
be 5% or less where possible to create safe vehicular
movement and accommodate ADA accessibility.
Traffic calming measures should be incorporated into
the design to create an environment that is safe for
both autos and pedestrians.
Though no road connection will be made through the
AVLT property atthis time, the roadway design should
not preclude extension of a road into that property at
a later date. Finally, the design process for the roadway
system should be closely integrated with the design
for the parking layout, transit routes, and pedestrian
circulation to enable and create a pattern of movement
that is feasible, clearly understandable, easily
managed and maintained, and minimizes potential
conflicts between different users.
Emergency Provisions
Any emergency transit loop shall be pave to adequate
thickness to accommodate fire trucks and other
emergency response vehicles. The affordable housing
page 48 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
ti~
Transportation Development Guidelines
site must have two separate access routes. These
include the main access (eitherto the west of Soldner's
property or to the east) and a secondary emergency
access (connecting to the free market development
passing the Ranch Manager's unit.
Snow Removal
Snow storage areas are typically dedicated open space
where nothing will ever be built, this includes potential
water ditches that may run through the property. Per
City of Aspen requirements, guest parking can be used
as 24-hour snow storage. However, this is not a long-
term solution.
AFFORDABLE HOUSING LAND USE 6 DEVELOPMENT PLAN page 49
.-,.
P.
Development Guidelines Transportation
TRANSIT ACCESS
., -~
~ f----=_
Background
Good transit service to the Burlingame Ranch Affordable
Housing site should be an integral part of any design for
the project. The relatively long distance from the site to
the Buttermilk area makes walking to existing transit
routes along Highway 82 impractical or inconvenient for
most people. Moreover, accommodating transit trips
with spark-and-ride on Highway 82 is not likely to work
well either: once a resident has begun a journey by
car, it will be very difficult to encourage him or her to
switch to transit for the rest of the shortjourney to Aspen,
Highlands or Snowmass Village.
Because direct transit service to the site is essential
for the success of this mode, the City of Aspen will
work cooperatively with the Regional TransitAuthority
to provide a new route to Burlingame. The route should
be designed with a high level of flexibility to
accommodate either full size buses or a'smaller
"cutaway' style vehicle (similar to those operated in
Cross Town Shuttle service in Aspen). -The route
should operate on a 30-minute headway or better
throughout the day and evening, and should operate
year-round.
Transit Oriented
In order for the site to be defined as transit-oriented,
four (4) criteria must be satisfied. First, at least two-
thirds of the residences should be located no more
than 750 feet from one or more of the stops along the
transit route. Second, all of the land uses on the site
should be located within one-quarter mite of a transit
stop. Third, transit stops should be well marked with
a signpost and schedule, and include at least some
amenities (e.g., landscaping, benches, shelters, etc.).
Finally, walkways to and from the transit stops should
be level, unobstructed, sufficiently wide to
accommodate pedestrians in pairs, well maintained,
cleared of snow in winter, and welt landscaped /
designed. Walking distances should be measured
along actual paths, not as the crow flies.
The Task Force recommended that the affordable
housing site be developed to encourage convenient
use of transit service. Because the site is located some
distance from the primary transit corridor along Highway
82, itwill be more difficultto encouragetransitridership
if the transit system is not convenient and well designed.
page 50 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
~. ~
Transportation Development Guidelines
The relationship between parking and the transit route
should be studied carefully. Intuitively, if it is more
convenient to walk from home to the car than to a bus
stop, then there is less incentive to use the transit
system.
Transit Loop
A transit loop should be designed through the affordable
housing site. The Task Force discussed two alternatives
for transit stops: a centralized transit centerlstop and
multiple stops located throughout the project. The Task
Force reached consensus on a looped transit system
that travels past as many of the homes in the
development as possible. Dispersed stops located
throughout the project provide transit as close to the
residences as possible. The shorterthe distance from
the residence to the bus stop the more likely that
residents will use the transit system. Though a transit
loop does not preclude a centralized transit center,
this option should not be pursued atthe expense of the
transit loop.
Transit Incentive Programs
A program should be developed for Burlingame by the
City of Aspen to encourage and educate residents and
visitors on the advantages of using transit and other
alternative travel modes. Options include holding
periodic neighborhood events similar to the TOP
program's "Find Another Way Day", developing
neighborhood-oriented "True Cost of Driving' literature,
distribution of one-way taxi vouchers (ride bus to
market, ride back in taxi), development of a
neighborhood car-sharing program, distribution of free
transit passes (for travel to Snowmass and
downvalley), provision of carpool ride-matching
services, and others. Transit incentives require policy
decisions that should be coordinated between the
homeowner's association policies and the rental
property management services.
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 51
y.
Guidelines
Transportation
PARKING
Introduction
In any development one of the more challenging issues
always revolves around parking: how much is required
and how should it fit within the site. In many respects,
parking is the necessary evil of any development;
nearly everyone has a car, and cars need to be stored
when not in use. Yet storage of cars translates into an
increase in capital expenditures and a decrease in the
amount of space available for housing and/or open
land.
Pay Versus Free Parking
How many parking spaces should be provided is one of
the first questions that needs to be resolved in any
parking discussion. Once a number of parking spaces
is determined, the site design can evolve to
accommodate that programmatic requirement. Atone
extreme, parking can be free and abundant. On the
other extreme, a project could include only pay parking.
Of course, there are a number of alternatives within
that range including free parking constrained by the
number of spaces provided on-site, or the first space
could be free with additional spaces available for pay.
One advantage of requiring households to pay the "true
cost"'for their parking is that the payment provides an
incentive to economize on parking consumption.
When parking is free, there is no cost incentive to
reduce consumption. As a result, households tend to
own and store more vehicles than they might
otherwise. For example, it is hot uncommon for a
typical three-person household to own 3 or even 4 or
more cars when parking is free.
~- - - ,~ _ Requiring payment. for some or all of the parking,
-. ~ ~, however, leads households to consider the trade-off
~_ ~,,. ~~„ ~ ` -,:,, ?a+~ ! y between spending money on car storage and spending
money on other, potentially more valuable things (e.g.,
better home furnishings). Consideration of the trade-
offwill lead many households to choose alternative ways
of spending their limited dollars. The result will be a
reduction in demand for parking that will enable a
reduction in supply. This, in turn, will reduce project
development costs (because providing parking is
expensive) and increase the amount of open space in
the development (because parking consumes land).
page 52 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
,~~
~. ,
Transportation Development Guidelines
Though the Task Force Team understood the arguments
for paid parking, the majority feltthat paid parking is not
appropriate for this site. The Team felt that a car
disincentive program should be developed but should
stop short of requiring paid parking. One alternative is
to limit the amount of covered parking; scraping car
windows provides a real and inexpensive disincentive to
car use. Also the transit routes and connections to
and within the affordable housing site should be well
designed and easily accessible to encourage as much
use as possible.
Parking Ratio
The Task Force discussed the parking ratio at some
length. The discussion focused on reaching a balance
between creating transit incentives/auto disincentives
and yet providing enough storage capacity for
automobiles to avoid Igng term parking management
issues. The final parking capacity should consider both
resident and guest parking requirements. As a
compromise, the Task Force agreed on a parking ratio
of approximately 1.65 spaces per unit. With 225 units
proposed, this equates to approximately 375 parking
spaces. Opportunities to increase the parking capacity
at a later date should be provided for in the final design
solution'rfa parking ratio of 1.65 proves to be insufficient
after full build-out.
Parking Supply
Parking can be supplied on-streetwith parallel orhead-
in spaces or off-street in a wide range of options
including: private garages, private carports, private
driveways, community parking lots of all different sizes
and configurations, shared carports, and shared parking
structures. Issues related to parking supply concern
proximity to the residences, the desire to promote transit
use, handicapped access, and pay to park versus "free"
parking. The overriding concern is to provide parking as
efficiently as possible while limiting the amount of
asphalt. Reducing the amount of paved area is critical
to the Task Force. Parking for the primary vehicles
should be provided within close proximity to the units.
A maximum distance from the unit to a primary parking
space should be 100-200 feet. Parking for additional
cars should be accommodated throughout the site.
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 53
~^
,.. >.,
Development Guidelines Transportation
Ease of snow removal should also be considered. In all
cases automobile headlights should be screened from
adjacent residences and the street.
The parking supply can be achieved through a number
of different alternatives. On-street parking is the most
desirable option. This type of parking layout provides
parking close to the units, calms traffic, provides a
buffer between pedestrians and moving traffic,
encourages interaction between the residents, and
creates a pleasing sense of community. On-street
parking can include a variety of options including
parallel and perpendicular.
Private garages or private carports may be a desirable
amenity for owner occupied single-family units.
Garages should, however, be designed to enhance
rather than diminish the overall sense of community.
Garage doors should nefther dominate the streetscape
nor create the feeling of a "suburban" landscape.
Similarly, driveways adjacent totheresidences should
be avoided. The City of Aspen Residential Standards
apply to this site, including the garage orientation to
the street. Garage access off of alleys, though
desirable, needs to be weighed against the increase
in paved surfacing. Garages are a desirable amenity,
however, the cost of construction must be weighed
against other project requirements.
The Task Force Team was divided on whether or not
parking lots should be developed as a part of this
project. The appropriateness of surtace level parking
lots may depend on the final.vehicularcircuIation and
neighborhood pattern. Smaller parking lots are
preferred over larger lots. Parking lots should not be
visually obtrusive and should be screened from view
from the street. Larger parking areas, 'rf necessary,
should be divided with planting areas.
Tuck under parking which works with the building
architecture should also be explored. MuRilevel parking
structures are not appropriate forthis site.
page 54 AFFORDABLE HOUSING LAND USE B DEVELOPMENT PLAN
r
Architecture
ARCHITECTURE
INTRODUCTION
Given the amount of housing to be built on the
affordable housing site at Burlingame Ranch, the
quality and aesthetic appeal of the architecture will be
critical to the overall success of the project. The difficuRy
in building a development of this size, even in multiple
phases, is that the character of the project quickly
becomes too homogeneous. The Task Force would
like the final product to have an eclectic feel, much like
you would find in neighborhoods that develop overtime,
without sacrificing affordability. Some specific areas
for consideration in developing the site layout, the unit
mix and type, and the building design are outlined below.
DENSITY AND OPEN SPACE RELATIONSHIPS
The 225 unit count provided for in the pre-annexation
agreement must be met under any design solution.
Given the open space that will be protected through
conservation easements of varying types on all sides
of the affordable housing site, the requirements for
open space within the project itself are of lesser
importance. Of course some level of open space is
essential to create the most livable development
possible but should not come at the expense of density.
The open space system should satisfy a number of
purposes: storm water management, wildlife habitat,
and active and passive recreation. The open space
network should function on three levels: public,
semipublic, and private with linkages between the three.
Natural features and the existing environment should
serve as a basis for the design of this open space
network.
Public open space can be achieved at a number of
different levels including a community space that may
or may not provide for a community center, smaller
neighborhood parks, playgrounds, and public
courtyards.
Public open space should provide recreation facilities
to meet community needs where desired and
appropriate. Public open space does not necessarily
need to consist of flat lawn areas but should include a
variety of different options. Themostimportantaspect
Guidelines
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 55
~^ ~,
_.
Guidelines Architecture
of any public open space is that it be "usable" and
functional. Aconcern voiced bythe Task Force is that
public open spaces are often under utilized. Proposed
design concepts should considerways to activate public
spaces.
~~ >, A provision for private open space is also important to
the livability of the project. Private open space may be
at the back or the front of the units or some combination
of the two. Private open space should not be limited to
°`' : single family units but should include townhomes as
well. The design of the private open space should
.~. °-- ~'~'^~ 4 "'~ ' include alternatives to the traditional private yard.
,..
.~
.,,:
_ -= ^' _ While the Task Force would like to see a hierarchy of
., ,. open space, the design of the transitional zones from
public to private should be logical and appealing
y ~ """" aesthetically. Privacyfencingshouldnotbethedominant
~ ~ ~ ' r K ~; method of defining different open space zones.
"-, w ~ ,,~,~"^" ~~w
page 56 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
Architecture
Development Guidelines
NEIGHBORHOOD PATTERN
The existing site topography and landforms should
guide the shape, form, and structure of the
neighborhood layout. Within that framework, the final
design solution should reflect a neighborhood pattern
that is clearly organized and understandable to both
residents and visitors. Several factors will influence
the overall character of the neighborhood pattern: the
sense of arrival, the roadway alignment, the pedestrian
pathway system, the open space network, the building
mix, and the siting of buildings in relationship to all of
the above. The site design should promote a sense of
community and neighborhoods.
The Task Force has discussed the attributes of
different neighborhood patterns from traditional
neighborhood grids to the suburbancul-de-sac. Many
of the qualities of a neighborhood grid are appealing
to the Task Force including the relationship between
the buildings and the street, interconnected roadways,
the proximity of parking to the units, the predictability
of the neighborhood pattern, the hierarchy of open
space, and the ability to accommodate a variety of
building types and arrangements within an
understandable layout. However, a design solution
which imposes a grid on the site without respect for
the topography is unacceptable to the Task Force. At
the other extreme, the Task Force is opposed to design
solutions which mimic the suburban cul-de-sac pattern
because this layout is confusing to residents and
visitors, lacks variety in building types and layouts, and
does not reflect the mountain vernacular.
In distributing different unit types within a given
neighborhood, there are two options: to integrate for-
saleunits with rental units or to segregate the two types
of housing into separate neighborhoods. The financing
options may dictate whether or not intermingling of
tenure is possible. In either case, the Task Force
envisions a development with no significant distinction
between the exteriorfeatures or site planning infor-sale
and rental units.
The design ofthe streetscape will also bean important
component of the overall neighborhood character. The
relationship between the street, parking, landscape
zones, and pedestrian circulation should all be
considered in developing the streetscape pattern.
-,i
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 57
Guidelines
Architecture
Street paving, trees, lights and other furnishings all
contribute to the overall character of a neighborhood.
A predictable streetscape rhythm helps define the
sense of neighborhood and creates a more inviting
pedestrian environment.
page 58 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
Architecture
UNIT MIX AND TYPE
Throughout the initial planning phase of the project, the
Task Force has grappled with the question ofwho should
live at Burlingame Ranch and in what type of housing.
A Market Study, completed by McCormick and
Associates, Inc., is included as an exhibittothis report.
The Market Study defines the market supply and demand
for housing that may be developed at the Burlingame
Ranch affordable housing site. The Market Study was
compiled from a variety of sources including previous
surveys, information from the AspenlPitkin County
Housing Authority, and focus group sessions. The
Market Study should be used as one tool to support a
final building program and unit mix.
When discussing unit mix and type, there are several
key factors-that enter into the discussion: the
percentage of rental versus for-sale units, the targeted
income levels for housing, the type of household, the
bedroom mix, and the unit type. The Task Force
recommends that a wide range of housing types and
bedroom configurations be incorporated into the
development. Financing will influence the final mix, but
the following guidelines are offered as a point of
beginning. The Task Force recommendations may not
always reflect conclusions drawn from the Market Study
research. The Task Force understands that in some
instances their direction is not supported by the market
information and is comfortable with their decision to
deviate from the Market Study based on other criteria.
Tenure Mix
Burlingame Ranch will have a component of rental
housing and a component of for sale units. Because of
the site's relative distance from the urban core of Aspen,
the Task Force believes that the development should
be weighted toward for-sale units. Renters are more
likely to want to live closer to town and the open space
surrounding this site may be more appealing to families.
Given the above, the Task Force recommends that at
least 60% of the site be developed with for-sale units.
A majority of the Task Force is comfortable with an even
higher percentage of 70% of for-sale units. The Market
Study found that this housing mix would appear to be
both marketable and appropriate.
Income Category Level
The majority of the Task Force feels that the target
Guidelines
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 59
,~ ,-,
Guidelines Architecture
` .~?tm ' 9
marketfor housing at Burlingame Ranch should consist
of Category 3 income levels as defined by the Aspen/
PitkinCountyHousingAuthority. The remainder of the
housing should be evenly divided between Category 2
and Category4incomelevels. Housing forincomelevels
above Category 4 is not desired but maybe required to
assist with financing for the overall development
package. If Resident Owned housing is developed, this
level of housing should be kept to a minimal level to
create as large a percentage of traditional affordable
housing as possible. Category 1 housing, though critical
to the overall housing supply for the City of Aspen, is
probably better suited for other housing sites.
Household Type
The Burlingame Ranch site is considered by many on
the Task Force to be an ideal site for families with
children. The location of the project, the surrounding
open space, and the ability to build larger units are all
viewed as attractive qualities for family living. The pre-
annexation restriction prohibiting dogs on the site may
deter some families, but most feel that the need for
family housing is so critical thatfamilies will still choose
to live here. Other household types should be
accommodated within the development to reflect across-
section of theAspen community, but the focus should
be on family living.
Bedroom Mix
With the emphasis on family living, two and three
bedroom units are required to satisfy Housing Authority
requirements. Based on Task Force recommendations,
over 50% of the unit mix should include two and three
bedroom units. At least another 25% of the units should
be designed as one bedrooms units to meet the needs
of adults living alone.
The Task Force is committed to the design of units that
are both flexible and expandable to meet the changing
needs of family living. The idea that walls could be
added or removed within a unit to reconfigure spaces
as families evolve should be an integral component of
any design. This concept would allowfor some portion
of the units to be built as one, two, or three bedroom
units capable of being converted into two, three, orfour
bedroom units respectively.
page 60 AFFORDABLE HOUSING LAND USE B DEVELOPMENT PLAN
,... ~~_ ..,a„.
Architecture
Unit Mix and Type
The unit mix is closely related to the ideal bedroom
breakdown. The Task Force explored a number of unit
types including: single family detached, townhomes,
and stacked flats. Proposed building programs were
tested through a number of different exercises in an
attempt to determine the carrying capacity of the 25-
acre site. The Task Force is unanimously committed
to building the 225 units allowed underthepre-annexation
agreement and is willing to compromise other
programmatic desires to achieve this goal. Given the
number of units to be built, variety in both the architectural
style and characterwill be critical to the overall success
of the project
The Task Force envisions that a majority of the unit mix
will be comprised of townhomes. A townhouse is
defined as units that share a common parlywall but are
distinct from stacked Flats, in which units are stacked
on top of one another. Townhomes are appealing
because each unit is entered at grade and every resident
can have access to a front and back door. At least
60%ofthedevelopment should includetownhomes. The
design of the townhomes can incorporate one, two, and
three story units.
Some level of detached single-family housing should
also be incorporated into the design. No more than
30% of the project should be devoted to this unit type.
Detached single-family housing will most likelyfall into
the for-sale category.
Another 10% of the project might include smaller
detached units similar to the "carriage or alley" houses
found throughout Aspen. These units may or may not
have agarage/carport incorporated into their design.
These smaller detached units are desirable because
they add a certain vitality to a neighborhood and they
expand the variety of unit types. These smaller units
might include an opportunity for expansion as lifestyles
change. These smaller houses may or may not share
a yard with a larger single-family unit. These smaller
houses are not envisioned as accessory dwelling units;
ownership of the smaller units will be independent of
any adjacent single-family unit. The economicfeasibility
of these smaller detached units should be evaluated.
A majority of the Task Force is strongly opposed to
including stacked flats in the final unit mix, stating that
Guidelines
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 61
-.
Guidelines
Architecture
it is much more desirable to live next to someone rather
than above or below. Information from the Focus Group
sessions, as documented in the Market Study, supports
this position. The remainder of the Task Force is
comfortable with this position, provided that smaller units
can be incorporated into the townhome configuration in
a mannerthat is economical and efficient.
~~
r~
$~
g
f
The final unft mix will be strongly influenced by the overall
character of the site plan. The financing package that
is ultimately structured to fund the development may
also suggest some modification to the unit mix as
defined above.
page 62 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
Architecture
ARCHITECTURAL CHARACTER
The architectural character of the design is integral in
defining the overall mood and character of the
development. The context of the site is sigriificant to
the Task Force and architectural designs should be
sensitive to both regional and site specific conditions.
Given this framework, the architecture should be
consistent with the vernacular of a mountain ranch.
Exterior Character
The Task Force is committed to a design which includes
variety. While cost and standardized designs are
important considerations in an.affordable housing
development, a visually appealing design is paramount.
Building massing and roof forms should be varied.
Building heights should include one, two, and three story
components. Building arrangements and juxtapositions
can also add to the visual interest of the development.
Buildings could use the grade as a tool to respond to
the natural topography on the site. Exterior treatments
should include a combination of utilitarian/low
maintenance materials.
Individual building designs should create a front and back
door for every unit with access off of the ground floor.
Porches that are large enough to be functional rather
than just decorative are also desirable. Storage is a
critical component required forall units. Storage maybe
provided in external spaces adjacent to the units or
internally. Consider providing storage in a variety of
places including crawl spaces and spaces within the
roof structure.
Interior Architecture
The efficiency of the interior floor plan layout is critical
to building a cost effective project. Standardized units
reduce costs but should be accomplished while still
creating variety in the building massing and roof forms.
As a part of the COWOP process, specific square
footage requirements for different unit types were not
identified; floor plan designs should incorporate the
Aspen/Pitkin County Housing Authority square footage
guidelines.
The Task Force prefers an open living floor plan which
allows for combined uses while reducing dedicated
circulation corridors. Floor plans should be designed
for flexibility. Individual room designs should allow for
furniture placement to accommodate family lifestyles
and active living: Critical to the Task Force is that units
can respond to the changing needs of the residents.
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
Guidelines
page 63
-~.
Guidelines
«,
`,.,
`. ~.
r'~r
Architecture
;~-;,
Design elements which make the individual units feel
larger are encouraged. Suggestions include higher
ceilings, and windows which are located to borrow space
from the expansive surrounding landscape. As much
natural light as possible should be incorporated into the
building designs. Because of the close proximity of
attached units, sound mitigation measures should also
be considered in the design solutions.
Every square foot is critical in the design of affordable
housing units and efficient design should be reflected in
every aspect ofthe floor plan. Bathrooms and internal
closets and storage should be designed to
accommodate a wide variety of household types.
Site Lighting
Site lighting must conform to the City of Aspen's lighting
standards. Lighting along the streets should be minimal
while satisfying safety requirements. Lighting at the
buildings themselves should also be minimized with
exterior illumination concentrated at porches orbuilding
entries. Site lighting should be shielded to avoid glare
onto adjacent properties. Lighting of trees and facade
planes should be avoided. Interior illumination can also
add to nighttime light pollution and needs to be
considered.
Solar Analysis and Green Building
The design of the site and the architecture should
consider solar analysis and building orientation. Solar
access is important to accomplish a sustainable design
and adds to the livability of individual units. Material
selection should respond to green building principles.
Refer to the Environmental Guidelines for more detailed
information on these subjects.
Accessibility
In 1990, the passage of the Americans with Disabilities
Act (ADA) mandated that all places of public
accommodation be made accessible to everyone. All
building and site designs should comply completeN with
these standards. Refer to the ADA and Fair Housing
Act for required percentages of accessible units, etc.
Emergency Provisions
The rural location of the site requires all development to
be more considerate of emergency needs. All housing
units shall be equipped with sprinkler systems to satisfy
the fire department requirements.
page 64 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
Economic
ECONOMIC GUIDELINES
INTRODUCTION
The economic guidelines for Burlingame Ranch af-
fordable housing are an important part of the Goals of
Development and reflect the Aspen Pitkin County
Housing Authority's goal statement. The basis of these
guidelines is an overall openness to creative means
for financing the project.
ECONOMICS
The goal of the Aspen Pitkin County Housing
Authority, originally adopted in 1983, is "to assure the
existence of a supply of desirable and affordable
housing for persons currently employed in Pitkin
County, persons who were employed in Pitkin
County prior to retirement, the disabled, and other
qualified persons of Pitkin County." Naturally, this is
a foundation for the Burlingame Ranch affordable
housing development.
In the Goals of Development, several economic goals
are called-out regarding creating acost-effective design
that is financially feasible; building an affordable hous-
ing village under a prudent schedule; and allowing for
opportunities to form further public/private partnerships
including non-profit agencies.
As the market research shows, and local experience
dictates, there is an overwhelming demand for afford-
able housing. It is in both the City of Aspen and the
Aspen Pitkin County Housing Authority's interest to
purse all available opportunities for funding the devel-
opment of Burlingame Ranch. Consequently, it is un-
derstood and accepted that financing mechanisms
may require flexibility in following the guidelines as de-
scribed in this development plan. Each item varying
from the prescribed guidelines will require review.
Development Guidelines
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 65
C O N C L U S I O N
Affordable Housing Land Use & Development Plan
Conclusion
SUMMARY OF PROCESS
Initiation Of Process
On September 6, 2000, the Aspen City Council
determined the Burlingame Ranch application eligible
for participation in the COWOP land use approvals
process. A Task Force Team was assembled
thereafter with the mission of reviewing the
development proposal and recommending a design
to City Council for the Burlingame Ranch affordable
housing.
Process Products
The Task Force Team mission is to recommend a
design and review the development proposal. The Task
Force Team serves in an advisory capacity to the City
Council who makes final decisions on development
proposals.
The Task Force Team committed to a minimum of one
meeting per month, however frequently participated
in two meetings per month. The Team began meeting
in October 2000. Topics of the development plan were
thoroughly examined, critiqued and discussed with the
intent of finding and creating the best guidelines for
development of the affordable housing site in particular.
These topics include Market Analysis; Environment;
Infrastructure; Transportation; Architecture; and
Economic Analysis.
The Task Force Team broke into three small groups
on several occasions to work on various topics. This
allowed the Team to spend more time exploring specific
site opportunities and constraints. Similarly, working
in the three smaller groups allowed a greater amount
of creativity to be exercised. Each group often
produced individual ideas distinct from one another.
At each meeting, these individual ideas were presented
and analyzed by the Task Force Team as a whole.
The development plan is a reflection of this collective
effort and the level of consensus achieved. Much
consensus was reached amongst the Task Force Team
regarding each topic in the development plan.
However, where consensus was not achieved, minority
views are documented.
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 69
~.
Conclusion
i r~~i-
,~.. Mme, .
End Of COWOP Process
The Burlingame Ranch COWOP Land Use Approval
Process will end after a final design for the affordable
housing site is selected, or the application is denied
approval. The process will continue through the Task
Force Team's participation. in selecting a final design
for the site. This participation may take the form of
judging in a design competition or on an RFP Selection
Committee or such. After a final design is selected
and approved by the City Council, the Burlingame
Ranch COWOP process will be completed.
page 70 AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN
Conclusion
MOVING FORWARD
The Land Use & Development Plan is a land use
application filed with the City of Aspen Community
Development Department, recommended by the Task
Force Team, for ultimate approval by the~Aspen City
Council. The listed future steps assume Aspen City
Council approval ofthe Land Use & Development Plan.
Future Steps
Pending Aspen City Council approval, the Land Use
& Development Plan will be used as a source of
guidelines and reference within which a final design
shall be created. The plan represents the community's
interests and preferred design elements for Burlingame
Ranch. All efforts shall be made to abide by the plan
similar to how one abides by a city land use code.
A Request for Qualifications (RFQ) will be advertised
for final design/build work on the affordable housing
site. The Aspen/Pitkin County Housing Authority and
Burlingame Ranch COWOP Task Force Team will
select three teams from the submitted RFQ's to submit
final design/build proposals. Eligible teams will
compete in a Design/Build Competition. Part of this
submission will include a budget for construction of
the project.
The Burlingame Ranch COWOP Task Force Team will
participate in making a recommendation to City Council
for the final affordable housing site design. Additional
input from members of the public not involved in the
COWOP process may be solicited as a secondary
source of recommendation to the City Council. The
Aspen City Council is the ultimate decision-maker on
the final design and budget for the affordable housing
site.
AFFORDABLE HOUSING LAND USE & DEVELOPMENT PLAN page 71
:~"
A C K N O W L E D G E M E N T S
Affordable Housing Land Use & Development Plan
COWOP ROSTER
City of Aspen City Council
Mayor Rachel Richards
Tom McCabe
BarIX Ranch, LLC
Pam Zoline
John Lifton -Consultant
Pitkin County Planning and Zoning Commission
SheriSanzone
City of Aspen Planning and Zoning Commission
Bob Blaich
Steve Buettow
AspehlPitkin County Housing Board
Marcia Goshom
Steve Elliot
Many Voices
Jamie Knowlton
Aspen Vatley Land Trust
Reid Haughey
Aspen Airport Business Center
Judy Pearce
Representative of People with Disabilities
Denis Murray
General Public _
Evan Griffiths
Josh Bumaman
Linda Gerdenich
AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN page 75
,~_
NEIGHBORS
Adjacent Homeowners
Connie Harvey
Joy Caudill
Stephanie Soldner
CITY STAFF
Community Development
Julie Ann Woods, Director
Joyce Ohlson, Deputy Director
AspenlPitkin County Housing Authority
Mary Roberts, Director
Jay Leavitt, Director of Development and Construction
Michelle Bonfils, Project Manager
page 76 AFFORDABLE HOUSING LAND USE 8 DEVELOPMENT PLAN
''x ~~~y-t'br~"~~ i~>>, tdi ~ d r,ji1 Fp y >~~/'~'i`~~'"_
*Bt ,RJ < < ] ~r 1 Ay 11 r
I 1 ~ ~ e ~ (i F
I ~s - -
l~ ~~~~91~1~4-~ ~.~l~~rr"~~,t"~y*~ ,111 rte. pc~'y~'';:
3~7~*+~y''~ "*~"T~~t~a?F"'~~~iT•wywY~~53 Il
-. z gg r ~ ~ / at ~- r y~ 7 rt/ ' i ~ _ 1
~ ye"~ rlffrr ;u W s 9kE~ ~,,, V
1~ ~ ~ is4 r/ 19"1 ~ ~. ,~~'''~'"'~ri^ ~ t
. ~ ~~ t ftc r~,~ ~-,f.4 3 r" x1 ~ .,
Y
"1~~ y~i~s1 ~' ~1L1'm ~. ,.
i "'Gl ~E. ~ ~~ r ,e ~ ~'~,.
sa' f r1~~Y'~'t \~' ~{a '~ ~>c~.. .x
3'~~'~8 { 4 _`c ~i 7`i ~' '_ 1~
/ ~ ~
~ ° ' ~ yT 37« Ni` f ~~,Ag/ /.Ip~R~ 'Y~t°{wn J~' Yf~4
1 + ~{1¢
B
• y~5
Kc h
Y
a
~
s ~ ~
d =
3a~
~~~
k
ap
h yy
S~
°t ~
~, a y
{ph 3
4 _ "
4 W
i W ° $ ~ a
o'
~bx p~~~ ~°`.~~ '`y o` o° 09
~i 3~~~ 2h'tii ~C ~ y I 4 ~~~ T
tG{ ~pp p C
cc X04 2~R O° ~ ~WL° C
S~ ~' F~'o i~ W~Ge R hk ~ ~
ffi 2Sm F3F 4WO ~~p2 ~ ~4
~a~ .aaaM W'$~ ~ CSR m~o~ I ~ X02
ea5 ~d~~b $"C ~ ~ duo '~ ~~`p~ Ij ~x 0~k` ~ 1
~i~ 94~$p ~eti ~i oti I I~ o4R~e ~ 2 ~ o~°~ IG
Opp ~oCpd m~w a im ~ w,2,~ ,°E'' o ~ iti RZ ~
9~ _b'¢~s¢ Wa 42~ ~ <p i s <o b2 2 ~ y e~ I ~ ~ 1~
~~'~ aM4~M , ~h4Q!Q h~~ ~ h'' pti ~ ~ W W4
.~l~~4 0 tikR ~ w~ y4 it 3 ~ tioe I 0
~.
v
O
0..
x
0
h
.~ o
~aq
a
a
Q`O
o
~WiU
x ~ ~.
7
O
o U O W
E•O~ "'
~' d' W E- ", o
rn ~'
fY
F
,
c
ir ..
z
W
o
Fxz~zF
W q~ x V 1
z G~ w E.
Q ~ ~ ~ ~
E.' ¢ o
z~z
b
o
o
W ~ U
O
a
W
6
a
', I '^ _
~ \ \' \.
i \\l
~`:m $
~°z W
~~~' ' a
`~ w~ m
aid 8
m
W; 8m ~
~I~ __
Fix
~~o
zLrc
° Rio
4ly c °
21t
`~~~~
ti~ ~~
Ory
W"
m
O~SS1
~i
~2
30
4
V 4~j
2~i
N l 2
Wa
tiW l
~ o°
i° `4
p ~~ Y.
¢^ °e
N
~t s
~~~?
Q h~ C
Q
m s ~ p
,; a
~oa~a
ti °ry °w a
~ ~ ti
D °04 0
y <`~ h
w ^9; ti
< ti
W
o ¢ ti $h
a m
-_ _-~`~o
e
a A
U
~'
N ~~
~'~~1f~~ _~ U •
x S
a g
a
u
F
goo
a:o 0
w~= ~'~
==o
;a~
i
y -;
%~
m
t'l N
6 47
wm
' FF'O ,.
~zNq~
' F a o
'CFO ~
>za°~
. o c-
U ~ ~ O
>>aqw
~~~o
~ ~a
/ U
5
N ~ N ,82 p[9L J~90,IC.CON
~U I -.,
L/ ~ T
m
m ~ ?n I /~ /2P ¢
9 I ^•r e~ 8
`'W" i ~ °
~z -----~~ke w
as~ / ~--
_~~ I- ~ ~~
_ ~g
~<n _° ~:.
~~
~i ~~ )
n° I o ¢n
in ,uW m
i
~, ~, ,,
~ ?~ ::
y ~ 's
i ~'~• 3
L? +
~;~.
~ 33
i(1 -
.~_~.
O
4
z
O
w
O
a
x
0
Fro
ti ~ q
Q
0
~~o
N W U
zFo
~~EW+ N
U
~~F o
z~zW
Q ~ ~ N
y ~ 0.,
a ~
7~
x
a~~
O ~
~ ~ U
O
.]
U
~.
Q.
6
ae
p•.
¢W
I
~
~
_
~ _
I
I
I
I %
I
i /
/
m
\\
I
i
~ ~J
v v(9L 3~y L^LLCON ~ ~~~-o~ _ _ _
n,~ I
Fd ~~~ ~~mNl .~~
m~ pml
u /~6 ~ ~ I
(~ ~m ~
\`~~~
I -o~
ago 6
W~~ ,y
n ~w0
YP a~~
~-
~~ ~ p W I %~
~~
ip
~ ¢-^
~
I ~ma
2
~ ~_r
J
;
3a A (
~.
\v
ao_ _ - A
~
~ /
mv°i //
/w n, /~
~
~/ ,09'L9j SSSLOS
o (
o ~?
u~Na ~ /~~ /, I
-
as C] N
a~
,
;
w
f I Z z~o
Nr
/ Qy'
m' I ~~ F a o
/
/ W -a E~ o I
] fy -1 p
ww
I' / ~ ~lz"Nq°
> Q q ~
>
l I G] U~0
^
I-~ -
Ua
~
6~~ orx
~
..
~-I v>
U
P` I
-__ ~l
zr
U i ~
oi°
m n
.
un
x
_u' ?; a A
U e
m F ~
;N J
~ ~S
/
~ ~~ r
a
~ ~
a -
c
~,
a'_
j, i J
U/
~„
_ i~
~ ~~ ~p
~_.~ ..
< ~
~
~
~ e~
~ ~ ~s
s ?a; t~
a ~~~, kE
s a ~M~ a9
w
pp'' 4 ww p~ ~`o y~2
EWa H 1~ r,V O~ 0 OQ~
dGW `iy~ ~y ~ w i~
d°Y ma< ~< ~ I ~S i ~o Ih2o
Y ~Nti ep c'. ih 4 Ni~~
~, Z m V Sw~ 0 0 ~l ~ w
timed iti w~ii ! Fb('C
~hd&'j w~y~ dtiR m8p~ ~ ,°`~ io
~ fix; ti°o~' z° ~3mx ~ V ~~ ~o ~g I
axa~~ ~<w~ ~` h~ I I °~~Ri I h I~ ~EV~ I I
YY3W `x
i€^o x32m y ew W <~So` Im t w Owe
:Y IIC. d3 Z~.w ~ 2>o Iw ~~wo~ >m. R i 4h$ I I~
G~ $~mw K , m:~ I~ > 4Zwm ~e o I
s~~a rcp>i~ ~~ awa I~ `a~:w~~ i~ ~ I~ ado ~v
i9wg yy~~ I~ as `" x'aoew a o ~2 °sv° I~
§a F~ w oui ~ o ~~• ~ 2 z \o~~.
'd yi II~ m~`2 N km I ~ ~4 Pv~ IZ ~ '~ ~~~O ~q
agi_~ ~~~~ *~ ZE i ~a xo I~N8 ~Z y I~ ~~ I Ik
add~M azim ~ "Sw I~ .'- z~ IS i `~"' hy~ Iw
3 h'
- - o i„/
~ 05~ 0En
S~
b ~ 5
4
n
r/
Bt OC9L A
gp,IC.CON
u
~i I =_~~/
II
MP Lnr /'N -
' /
c O
f
O ~ ( 'f
n o-on
~ I
m I Num
I /~°
/
% ~ ~n
1
O
s i
'm
9
~a I ~
2
/ I1221 ini•
~
^ ~
m~
„
.
a ~ ? I „
gm5.
~
~° I k
z`i
~ ,
~'3- -o~ 5
a
/ - ~
N /
~
'
o f . ~
W
~~ I
u '
i % \ I
° w
S~/` ~ ~ff \ .IOW / _ MPF LFCEN
m~ ~ ; ~ / ~-_-_
o=
n W< ~`
ag ~I ~m k ~jl
i~ I ~~ $
~t V
I ~a$
Y ~.
I \\1
. z
I ~~m u
aN
w2 rv~~ i
3; w4
~^ N 0
Tlm y~ ~ ~
;V um
~z : w :
ila a
°IO ~iS
4la s~a
4
ili
`~ h
~~
n rm,~
O
3~
4 "'
V
ZZ
4o m
ti~ 2
~~ 3
~, ~
pN
CU w
~i4 ti
yo
~k
o~
m
w
4
~; '(4 0
w
m
4 ~'~' ~ ~
g ~; a; =8
~.
w,, a
i i~ F~ 40
v
N ~ ~ o 0 0
° "~ ~~ ~~
v
u 4~ ~~ 4y
c
sn
m
~"* S ~,
/ " aN`~e
~vg,~ Cv~ /i~A ~~,J
Lyr.r~, ~U r~nL'xz_uq h
0 ~
~'i~~ ~e~
~,r~,n. ,e/~cs~
C, i~ ~~ ~i{~~ S,k~sB.~
~~~ ,
~~ C~~~~Y~t~
~~~ ~.
~~~~
~~~~.
J
~na~c.~
Tc~,n~p~a~t ~ a~n
P~`~`~
v~
~ h ~ j n eet-; n °,~
`~ ~ ~ Q
d ' ~~~
~~ ~~
~jy~tQ ~ ~
~~~~
o.stz~
~y~~~,~
J~ ~C"'
G'.'6oto S-~C~hcn~
o_747t, D~ic(~. ~ .
~q Icka.tocl. ~p~ ~ w
~`fv,~ Lo/¢n ~r
~~~ ~~~~~
:;6gs ~~~~~s ~
~~ ~
~/~e~_
~~d~ , ~:'C~.~
S/,e~~Is
7C 5 C1la 2 ~ o ~ cc a ~' C,', c~spa~
~~77 ~.~
k ~~' j :y~U~G4G1~°n.C~vt
~017~ 11(eec~c~; ~SYY~(Gn.cd,t
Raved NaAyete Fam Rapats
:s SubQemMa ~ w _,. yaluetim ._~._... Pu¢ic Canndll__.
M~ ~ RcypngSlaM1tt ~ AmWERq ( Pxcala ~ CualanFlaaa ~ Feed ~ FwSurmary ~ Achona ~ RaInDH~mS ~ ~aMArona ~~
Pemk Tyne Pamd 11 W73.2IXIdASIU
s Cdy I SIMed ~ ZPI .=:.1
Paeitidemuriorr __. ..._ _... .._
Mader PdmT~- ~ Rwlln90uaie~- Appbd 11/OZ1200M1~ j~
pmjeq ~ Stewa J) /+ppoved
Dasaiplim BURLINGAME YILIAGE SBARM FIANCH ANNE%ATIDN lazaed ~-J ~
Find ~-~
SaW~titted ~JgwA9pexe 620~~62 _~_ ~ Cock Runrrrp Daya~ Erp~ea 1D/26RW5
(''rs~le on dxi web? PermtlD: ~ ~
LadNaee gNOFASPEN ~ FadNacre~~~. 1 PEN C061611T ~
Phoir. 197615205000
;v Droner lsACgGcad? : ~.
Lad NamegTV DFASPEN ~~ Faal Name®~ 10D SGALENA ST
~- ASPEN W 81611
Phwe (97DI520~5D00 Cwt b t"'~'
....._ __. .... ._.... _.._ __.... 'I
axk+ ......_. ___. ......... _._.. _. __..