HomeMy WebLinkAboutordinance.council.022-11 ORDINANCE NO. 22
(SERIES OF 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN GRANTING
LAND USE APPROVALS AND A DEVELOPMENT ORDER FOR A SITE SPECIFIC
DEVELOPMENT PLAN INCLUDING FINAL APPROVAL FOR SUBDIVISION,
PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT, REZONING, SPECIAL
REVIEW, CONDOMINIUMIZATION, AND VESTED RIGHTS FOR PHASE TWO
BURLINGAME RANCH AFFORDABLE HOUSING SUBDIVISION/PUD, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
Legal Descriptions:
BURLINGAME RANCH AFFORDABLE HOUSING FILING 1; TRACTS A, B and C
Parcel ID Nos.
Tract A — 2735- 023 -11 -015
Tract B — 2735- 023 -11 -016
Tract C — 2735- 023 -11 -017
BURLINGAME RANCH AFFORDABLE HOUSING FILING 1; Block 1; Lots 6 and 7
Parcel ID Nos.
Lot 6 — 2735- 023 -11 -006
Lot 7 — 2735- 023 -11 -007
WHEREAS, the Aspen City Council, pursuant to Resolution No. 120, Series of 2000,
determined Burlingame Ranch PUD (hereinafter the "Project ") eligible for the process of the
Convenience and Welfare of the Public (COWOP) for the purpose of developing deed restricted
affordable housing; and,
WHEREAS, the COWOP land use review process, Section 26.500 of the City of Aspen
Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects
of significant community interest, when determined necessary by the Aspen City Council
according to said Section, to conduct an iterative process considering input from neighbors,
property owners, public officials, members of the public, and other parties of interest, and
assembling a Burlingame Affordable Housing Task Force Team, providing recommendations
directly to Aspen City Council; and,
WHEREAS, the COWOP review process enabled the planning and design of the Project
to reflect essential community goals and values, taking into consideration various opinions and
expressed points -of -view from neighbors, the land owner, citizens and city staff; and,
WHEREAS, the Project is of higher quality as a result of the Burlingame Affordable
Housing COWOP Task Force Team review process and its thoughtful and interactive
discussions, than may have otherwise resulted if the project had not been reviewed as a COWOP
application; and whereas, the COWOP land use review process does not and has not lessened
any public hearing, public noticing, or any critical analysis or scrutiny of the project as would
otherwise be required; and,
RECEPTION #: 583320, 10/05/2011 at
09:48:31 AM,
1 OF 29, R $151.00 Doc Code Ordinance No.•42, Series 2011
ORDINANCE Page 1 of 22
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, the Burlingame Affordable Housing COWOP Task Force Team met nine
(9) times, at legally noticed public hearings, to identify the site's opportunities and constraints
and to develop guidelines for the development of the property. The COWOP Task Force Team
forwarded a recommendation to the Aspen City Council who adopted the recommendation
through Resolution No. 98, Series of 2003, at a regular meeting; and,
WHEREAS, on November 22, 2004, the City Council granted, through Ordinance No.
120, Series of 2004, conceptual approval with conditions to a three -phase development plan as
proposed by the applicants in the "Conceptual Master Plan Submittal ", dated after September 7,
2004, after finding that the Project met with the development standards as required by the Aspen
Municipal Code; and,
WHEREAS, on April 25, 2005, the City Council granted, through Ordinance No. 24,
Series of 2005, Final approval for Phase One, the project was built and is currently occupied;
and,
WHEREAS, on October 20, 2009, the City Council directed Asset Management staff of
the City to assemble an Integrated Project Delivery (IPD) team for planning Phase Two of
Burlingame and the IPD team is comprised of City Asset staff and professional consultants from
OZ Architecture and subconsultants Rider Leven Bucknall, Haselden Construction, and
Engineering Economics, Inc.; and,
WHEREAS, the City Council, consistent with the COWOP review process, directed the
design team to create community awareness of the project planning and various design elements and
gain comments, feedback, ideas, and suggestions for Phase Two through public hearings, open
houses, and other public feedback sessions; and,
WHEREAS, the IPD team conducted approximately eighteen public outreach activities
and input sessions over 2010 and 2011 which has enabled the planning and design of Phase Two
to reflect essential community goals and values, taking into consideration various opinions and
expressed points -of -view from neighbors, residents of Phase One, potential financial partners,
citizens, elected and appointed officials, referral agencies, design and construction professionals,
and city staff; and,
WHEREAS, the City Council adopted Resolution No. 42, Series 2010, endorsing the
design direction of Phase Two; and,
WHEREAS, the Application and design for Phase Two has evolved in response to ideas,
suggestions, input, criticisms, and the goals, values, and needs of and from the community and is
comprised of the following:
• 167 residences comprised of 161 multi - family units and 6 single - family homes. The
multi - family units are comprised of 46 one - bedroom units, 49 two - bedroom units, and 66
three- bedroom units. The single - family homes will contain three bedrooms each.
• The extension of Forge Road and associated sidewalks, curbing, street trees, and lighting.
• The development of 350 additional parking spaces, 28 of which are to supplement a
parking deficiency of Phase One and the remainder are to be allocated between Phase
Two multi - family units and the Homeowners Association. A portion of the additional
parking spaces will be within public rights -of -way. Parking for the single - family homes
will be on their respective lots.
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• The development of common amenities such as mail stations and combined
transit/trash/recycling facilities.
• The development of common areas to be managed and maintained by the Homeowners
Association and the development of public parks and trails to be managed and
maintained by the City Parks Department.
• Other project elements and components as described in the December 10, 2010, land use
application and as depicted and illustrated in Exhibit A.
; and,
WHEREAS, the development of Phase Two requires the following land use approvals
and conformance with review criteria contained in the respective Chapters and Sections of the
City of Aspen Land Use Code:
• Final Planned Unit Development, pursuant to Land Use Code Chapter 26.445.
• Subdivision, pursuant to Land Use Code Chapter 26.480.
• Amendment to the Zone District Map, pursuant to Land Use Code Chapter 26.310.
• Growth Management Review — Affordable Housing, pursuant to Land Use Code Chapter
26.470.
• Special Review for Parking, pursuant to Land Use Code Chapter 26.430.
• Condominiumization, pursuant to Land Use Code Section 26.480.090.
• Acceptance of public right -of -way, pursuant to C.R.S. 43 -2 -303 for certain streets and
public ways within the subdivided property.
• Vested Rights, pursuant to Land Use Code Chapter 26.308, for a 10 -year period.
; and,
WHEREAS, the City of Aspen Community Development Director has reviewed the
proposed development in consideration of the recommendations of the COWOP Task Force
Team, the conditions of the conceptual approval, the physical conditions of Phase One, the
requirements of the land use code, and comments from applicable referral agencies and has
recommended approval of the Final PUD subject to conditions of approval as described herein;
and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Burlingame Ranch COWOP Task Force Team, the
conditions of the conceptual approval, the physical conditions of Phase One, comments and
suggestions from residents of Phase One, the requirements of the land use code, comments and
recommendations from City Asset Management staff and the IPD team, the recommendation of
the Community Development Director, recommendations of applicable referral agencies, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the Final PUD plan for Phase I, with
conditions, is consistent with the goals and elements of the 2000 Aspen Area Community Plan,
especially those goals relating to the development of affordable housing within the Urban
Growth Boundary and the preservation of open space; and,
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WHEREAS, the Aspen City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Burlingame Ranch Affordable Housing Phase II Final Subdivision/PUD
Approved
The Burlingame Ranch Affordable Housing Phase II development as described in the December 10,
2010, application is hereby granted all necessary land use approvals including Subdivision, Final
PUD, Subdivision Exemption for Condominiumization, Growth Management Quota System
(GMQS) Approval for Affordable Housing, Special Review for Parking, and Vested Rights, and is
issued a Development Order for a Site Specific Development Plan, subject to conditions of
approval as described herein.
Section 2: Burlingame Ranch Conceptual Plan Amendment Approved
Conceptual approval for Burlingame Ranch, approved by City Council Resolution No 120,
Series 2004, allowed the final approval of each phase of the project to confirm or amend the
conceptual approval to be consistent with that phase and the overall changes within the
subdivision. Accordingly, the Burlingame Ranch project (all phases together) may include up to
258 deed - restricted employee housing units (245 multi - family units and 13 single - family units)
community buildings, parks and recreational facilities, transportation facilities, and other
infrastructure and amenities as described in Ordinance No. 24, Series 2005, the recorded
Subdivision Agreement for Phase I recorded at reception no. 516000 and associated reference
documents therewith, the approved "density agreement" approved by the Aspen City Council via
Resolution No. 82, Series 2009, and as further described herein.
Section 3: Approval to Implement in Multiple Phases
In consideration of the phased aspect of the entire project and the variable needs of the
community that may cause the need for Phase II to be implemented in several deliveries or sub -
phases, City Council hereby approves the implementation of Burlingame Ranch Phase II over
multiple phases. Each phase shall be planned so as to minimize disruption to existing residents
and to ensure an economy of construction. The Final PUD Plans shall include a Phasing Plan.
Amendments to this plan may be approved by the Community Development Director. No
prescribed limit or timeframe between phases shall apply.
Section 4: COWOP Process Continues
The Burlingame Ranch Affordable Housing project was originally determined eligible for the
City's COWOP review process pursuant to Land Use Code Section 26.500, Development
Reasonably Necessary for the Convenience and Welfare of the Public, through City Council
Resolution No. 120, Series 2000. Conceptual approval for Burlingame Ranch, approved by City
Council Resolution No 120, Series 2004, allowed the final review and entitlement for each phase
to remain subject to the COWOP land use review process until such time as the City Council
concludes the COWOP review process for the projects, which may occur on a staggered basis.
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The entire Burlingame Ranch Affordable Housing project, including Phase I, remains active as a
COWOP land use review. It is expected that all portions of the project will remain subject to the
COWOP review process through the completion of each phase and with a reasonable amount of
time to address necessary amendments. Conclusion of the COWOP review process for each phase
shall be by City Council resolution.
Section 5: Rezoning
The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat
for the Project, amended by the Community Development Director to reflect Parks parcels A and
B as included in the Park (P) Zone District with a Planned Unit Development (PUD) Overlay.
Park C shall be included in the Public (PUB) Zone District with a Planned Unit Development
(PUD) Overlay. All other Tracts and Lots within the Subdivision shall continue to be zoned
Affordable Housing (AH) with a Planned Unit Development (PUD) Overlay. All zoning
boundaries shall be according to the recorded subdivision plat for Phase II.
Section 6: Burlingame Ranch Phase Two Subdivision & Street Dedication Plat and Final
PUD Plans
Within one year following the date of final approval by the City Council, the record owners of
the underlying lands shall prepare and submit a Subdivision and Street Dedication Plat and Final
PUD Plans for the Burlingame Ranch Affordable Housing Phase II Subdivision/PUD.
6.1 A Subdivision and Street Dedication Plat that subdivides Tracts A, B, and C, Burlingame
Ranch Affordable Housing Subdivision, Filing No. 1, First Amendment into the following Lots,
Tracts, and Parks, as depicted on the Proposed Subdivision Plat, attached as Exhibit B.
Lots 1, 2, and 3. (Lot 1 comprised of Lots 6 and 7, Filing 1, Block 1)
Parks A, B, and C
Tracts 1, 2 and 3; which may be further subdivided in the future.
a. The plat shall dedicate to the public certain rights -of -way as described in the Proposed
Subdivision Plat, attached as Exhibit B.
b. The Subdivision Plat shall detail the areas anticipated to be used by the Burlingame
Ranch Affordable Housing Project and removed from the Conservation Easement,
fulfilling the requirement of the prior Deed of Conservation Easement in Gross.
c. The grant of certain perpetual easements for all maintenance and repair of the slopes and
retaining structures (generally adjacent to Deer Hill to the west of Phase II).
d. The Subdivision Plat shall grant certain perpetual easements as described in the draft
subdivision plat, including all access, emergency access, transit, utility, maintenance and
trails, parks and trails, general use easements described thereon.
e. The Subdivision Plat shall reference, and the applicant shall obtain, access and
development easements for off -site improvements including certain proposed trails and
trail segments and a turn- around shown on the northern-most portion of the project.
f. The Subdivision Plat shall grant a perpetual easement to the general public over and
across each of the three parks parcels and a 4 -foot wide easement to the general public
across all proposed trails.
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g. The Subdivision Plat shall grant a 4 -foot wide perpetual access and maintenance
easement to the City of Aspen Parks Department general public over and across all
proposed trails within the Subdivision and on those portions of planned trail associated
with this project located outside of the subdivision boundaries.
6.2 A Final PUD Development Plan Set that includes:
a. An illustrative site plan showing the layout of existing and planned improvements for the
entire development, all phases.
b. An illustrative site plan showing the layout of existing and planned improvements for
Phase I, including the development of additional parking and stairway connections as
described in the "density agreement" memorialize in City Council Resolution 82, Series
2009.
c. An illustrative site plan showing the layout of planned improvements for Phase II as
depicted in attached Exhibit A.
d. A Phasing Plan showing the expected construction phasing for Phase II, subject to
amendment by the Community Development Director.
e. An architectural character plan showing the massing, fenestration, and materials of each
building within Phase II as generally depicted in attached Exhibit A.
f. Dimensioned drawings of all buildings proposed within the project showing dimensions
for all zoning parameters in graphic and tabular format. This shall include an illustrative
site plan for zoning compliance that illustrates tracks, lots, building footprints, setbacks,
allowable floor area per building, stairs, and retaining devices including boulder walls
and carport walls. Project dimensions approved for the project are as described in
Exhibit A.
g. An addressing plan meeting the standards of the City of Aspen Zoning Officer which
includes a signage plan with building directories.
h. An exterior lighting plan meeting the City's outdoor lighting limitations.
i. A Master Utility Plan including profiles and sections.
j. A Drainage Plan and report that complies with the City's Urban Runoff Management
Plan.
k. A Common Facilities Plan sighting all common mail stations, trash/recycling facilities,
transit facilities, parking facilities, and similar facilities common to the Subdivision.
1. A Finished Grading Plan showing elevations for measuring building heights.
m. A Landscape Plan for all portions of the multi - family Tracts, common areas, public
parks, and landscaped portions of public right -of -way. The landscape plans should be
reviewed and approved by The Parks Department with a required signature on the
Landscape sheets. To the extent practical, planting strips within the right -of -way should
provide 5 feet or more in width between the back of curb and the edge of the sidewalk.
Planting strips should be designed with 4 feet of good quality topsoil and growing media.
The Applicant will be required to use structural soils where a non - compacted continuous
root zone cannot be provided. These soils will be required within the City Rights of Way
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and/or as may be required on the private property. Structural Soils are applicable in
situations where tree rooting potential is insufficient in designated planter areas adjacent
to sidewalks. The hydromulching specifications should be changed to be weed free straw
mulch with tackifier.
Spacing and type of street trees must be coordinated with the Parks Department. All
plantings along the edge of private property and the City ROW should be of size and
species which will not require major maintenance, pruning, or trimming due to over
growth. Tree lighting electrical conduits must comply with City of Aspen standards;
The landscape plans shall include provision of irrigation connections that provide
adequate pressure and coverage, for landscaped areas of the multi- family tracts, common
areas, rights -of -way, and public parks. The City shall be provided adequate access to
maintain and control irrigation of the two public parks. The Development Agreement
shall address maintenance, control, and responsibilities for the irrigation of all multi-
family tracts, common areas, rights -of -way, and public parks to the satisfaction of the
Parks Department. Design and planning of all phases of the irrigation system should
include the coordination between the applicant and staff from the Parks and Utility
Departments.
n. A detailed irrigation plan and agreement describing the water sources, the location of the
water reuse lines acceptable to Aspen City Utilities, backup system with potable water,
ponds, pumps and valves used for irrigation supply. The Plan shall allow appropriate
access and easements for maintenance and control of the Proposed Water Reuse Line.
The details of secondary lines, head locations and types of heads will be completed prior
to the building permit.
Section 7: Development Agreement
Contemporaneously with the recording of the Subdivision and Street Dedication Plats, the record
owners of the lands within Burlingame Ranch Phase II shall prepare, execute and record a
Development Agreement meeting the requirements of Section 26.445.070.0 setting forth a
description of the proposed improvements and obligations of the parties, including the following:
7.1 The construction of Paepcke Drive (extended Forge Road), and associated sidewalks,
curbing, signage, and drainage improvements as depicted in the Final PUD Plans. This
obligation shall continue until the improvements are accepted by the City Engineer as
complete and built to design specification, plus a two -year guarantee period. Acceptance
may occur in phases. The Agreement shall allow the City Engineer to require repair or
replacement of defective road, sidewalk, curbing, signage, or road drainage facilities prior to
the conclusion of the two -year guarantee period.
The Agreement shall allow the City Engineer to require any temporary access or emergency
access road to be stabilized, treated with dust suppressant, paved, overlaid, or otherwise
upgraded or maintained as may be necessary to ensure adequate access, safety, and to
minimize erosion, tracking mud, dust, growth of noxious weeds, and other public health or
nuisance issues for current residents. This obligation shall extend through construction and
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non - construction periods until all portions of the road system have been finally accepted as
complete.
7.2 The installation of additional parking and a stairway connection to Phase One, as described
and memorialized in City Council resolution No. 82, Series 2009.
7.3 The installation and/or relocation of all utilities depicted and described in the Master Utility
Plan of the Final PUD Plans. This obligation shall continue until the improvements are
accepted by the City Engineer as complete and built to design specification. Acceptance of
any utility not administered by the City of Aspen shall require approval by the associated
utility provider. Acceptance may occur in phases.
7.4 The installation of all drainage facilities depicted and described on the Drainage Plan of the
Final PUD Plans. This obligation shall continue until the improvements are accepted by the
City Engineer as complete and built to design specification, plus a two -year guarantee
period. Acceptance may occur in phases. The Agreement shall allow the City Engineer to
require repair or replacement of defective drainage facilities prior to the conclusion of the
two -year guarantee period.
7.5 The installation of all common facilities improvements depicted and described on the
Common Facilities Plan of the Final PUD Plans including common mail stations,
trash/recycling facilities, transit facilities, parking facilities, and similar facilities common to
the Subdivision. This obligation shall continue until the improvements are accepted by the
City Engineer as complete and built to design specification. Acceptance may occur in
phases.
7.6 The installation of all landscape improvements depicted and described on the Landscape Plan
of the Final PUD Plans. This obligation shall continue until the improvements are accepted
by the Parks Director as complete and built to design specification, plus a two -year landscape
guarantee period to ensure success of plantings. Acceptance may occur in phases. The
Agreement shall allow the Parks Director to require replacement of plantings as necessary
prior to the conclusion of the two -year guarantee period.
7.7 The development and transfer of Parks parcels A, B, and C. The Agreement shall define and
describe an acceptable level of construction finish of the three Parks parcels to be
accomplished by the Applicant. The City Parks Department and the Applicant shall jointly
define this construction finish. The Agreement shall provide for transfer of Parks parcels A
and B to the City Parks system upon substantial completion to the finish described and upon
request by the Parks Director. Park C shall be transferred to the City to be owned by the
General Fund in light of potential development of all or a portion as a child care facility. The
Parks Department may further develop these three parcels as City parks and shall manage
and operate the parcels. If and when the potential for a child care center is finally not
pursued, Park parcel C shall be transferred to the City Parks system.
7.8 A Final Phase II Transportation & Mobility Plan and an Amended Phase I Transportation &
Mobility Plan approved by the Transportation Director. Changes to ongoing bus service may
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be necessary. Service is based on ridership demand, the availability of funding, and overall
community transportation needs. Amendments to the Phase I mobility plan shall be approved
by the Burlingame Ranch I Condominium Association. The two plans may be combined.
7.9 Financial Assurances and Site Protection. The Development Agreement shall include the
Applicant's commitment and agreement that before an Access Infrastructure Permit is issued
for any and each portion of Burlingame Phase II, the Applicant shall provide a letter from the
City Manager stating that the Applicant has in place all necessary financing to accomplish
and complete the construction of the improvements planned within the sub -phase of
development, including all structures, infrastructure, common facilities, and public
improvements within the particular sub -phase to be developed. This requirement shall apply
to each sub -phase of development.
The Development Agreement shall include the Applicant's commitment and agreement that
in the event construction work on Burlingame Ranch Phase II, or phase thereof, shall cease
for sixty (60) days or longer (`work stoppage') and such work stoppage not being a result of
any event of force majeure, the Applicant shall protect and secure the Project site and
improvements from damage by the elements or from trespass by unauthorized persons and
ensure the site remains in a safe condition such that it does not become an attractive nuisance
or otherwise pose a threat to neighbors or other persons.
7.10 Cross - References. The Development Agreement shall include cross - references to recorded
plats, easements, agreements, and PUD plan sets as described herein as well as references to
existing documents for Phase One.
Section 8: Zoning Allowances and Limitations
Zoning allowances and limitations for development within Phase Two are as follows:
8.1 — Lots, 1, 2 and 3 (Lot 1 is Phase I, Lots 6 and 7 combined) — Single - Family /Duplex Lots
a. Each Lot may be developed with a single - family residence, two detached single - family
residences, or a duplex.
b. Floor Area for Lots 1 and 3 shall be 2,550 square feet per residence. Floor Area for Lot 2
shall be 1,900 square feet per residence. Floor Area is as defined and measured by the
City of Aspen and as may change from time to time. Decks, patios, and covered or
uncovered exterior stairs shall be considered exempt from Floor Area up to 15% of the
allowable Floor Area per residence.
c. Setbacks for these Lots shall be:
Front — 5 feet for all portions of the houses, including garages.
The front setback shall be measured from the Forge Road or Paepcke Drive
lot line, as applicable.
Sides — 5 feet.
Rear — 5 feet.
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Distance Between Structures — 10 feet between detached residences (does not apply to
duplex structures). 5 feet between detached principal and accessory
structures.
Certain projections into setbacks are permitted pursuant to the Calculations and
Measurements section of the City's Land Use Code. Retaining devices are permitted
within setback areas, including boulder walls, poured concrete walls, carport walls, and
similar structures which may also include integrated stairs.
c. Height is limited to 30 feet, as defined and measured to finished grade per the building
height measurement exhibit, Exhibit C. Certain exceptions to height restrictions are
permitted pursuant to the Calculations and Measurements section of the City's Land Use
Code.
d. Each single - family /duplex lot must have at least two parking spaces per residence, which
may be garage or surface spaces. Spaces must be a minimum of 9 feet by 18 feet.
e. Accessory Dwelling Units are not permitted.
f. Sheds, green houses, and similar accessory structures are governed by the City's
Calculations and Measurements section of the Land Use Code and certain limitations on
location and size apply.
g. Fences are governed by the City's Calculations and Measurements section of the Land
Use Code and certain limitations on location, size, and materials apply.
h. All other provisions of the City's Calculations and Measurements section of the Land
Use Code, as changed from time to time, shall apply.
i. Single- Family /Duplex lots are subject to the architectural design guidelines adopted and
recorded as part of Phase I. The City's Residential Design Standards do not apply.
8.2 — Phase II, Tracts 1, 2, and 3 — Multi - Family residential units.
a. Tract 1 — 41 Multi - family residential units within four buildings, 115 carports with
integrated storage units, 60 surface parking spaces. Allowable Floor Area for each
building is as follows:
a. Building 2 — 14,880 square feet of Floor Area
b. Building 4 — 12,920 square feet of Floor Area
c. Building 5 — 4,720 square feet of Floor Area
d. Building 14 — 10,780 square feet of Floor Area
b. Tract 2 — 51 Multi - family residential units within four buildings, 19 carports with
integrated storage units, 7 surface parking spaces. Allowable Floor Area for each building
is as follows:
o Building 1 — 12,920 square feet of Floor Area
o Building 3 — 8,820 square feet of Floor Area
o Building 6 — 15,670 square feet of Floor Area
o Building 7 — 15,670 square feet of Floor Area
c. Tract 3 — 69 Multi - family residential units within seven buildings, 28 carports with
integrated storage units, 10 surface parking spaces. Allowable Floor Area for each
building is as follows:
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o Building 8 — 12,130 square feet of Floor Area
o Building 9 — 12,130 square feet of Floor Area
o Building 10 — 7,650 square feet of Floor Area
o Building 11 — 7,650 square feet of Floor Area
o Building 12 — 15,670 square feet of Floor Area
o Building 13 — 12,130 square feet of Floor Area
o Building 15 — 7,650 square feet of Floor Area
d. Floor Area shall be as defined and measured by the City of Aspen and as may change
from time to time. Carport structures, integrated mail /transit/trash/recycling structures,
decks, patios, and covered or uncovered exterior stairs shall be exempt from Floor Area.
Future elevators shall be exempt from Floor Area.
e. The right -of -way comprising Paepcke Drive (extended Forge Road) contains an
additional 83 surface parking spaces for the use by the multi - family residential units
contained in Tracts 1,2 and 3 above. The location of the additional 28 parking spaces
designated for Phase 1 parking enhancement is yet to be determined.
f. Setbacks within the Multi - Family Tracts shall be:
Front — 5 feet for all residential structures
0 feet for carport structures including mail /transit/trash/recycling facilities.
0 feet for surface parking
The front setback shall be measured from the Forge Road / Paepcke Drive lot
line, as applicable.
Sides — 5 feet for all residential structures
5 feet for carport structures including mail /transit/trash/recycling facilities.
5 feet for surface parking
Rear — 5 feet for all residential structures
5 feet for carport structures including mail /transit/trash/recycling facilities.
5 feet for surface parking
Certain projections into setbacks are permitted pursuant to the Calculations and
Measurements section of the City's Land Use Code. Retaining devices are permitted
within setback areas, including boulder walls, poured concrete walls, carport walls, and
similar structures which may also include integrated stairs.
f. Distance between buildings shall be as described on the Final PUD Plans and as
otherwise limited by the Building Code.
g. Carports may contain storage. Carports may not be altered in a way that prohibits
parking a car. Car parking space within each carport must be a minimum of 9 feet by 18
feet. Individual or grouped garage doors may be added by the Homeowners Association.
h. Height for buildings in the Multi - Family Tracts is limited to 38 feet, as defined and
measured to finished grade per the building height measurement exhibit, Exhibit C.
Certain exceptions to height restrictions are permitted pursuant to the Calculations and
Measurements section of the City's Land Use Code. Future elevators shall be exempt
from height limitations.
i. Accessory Dwelling Units are not permitted.
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j. Vending machines are not permitted.
k. Community Garden(s) are permitted within common areas, where appropriate and as
designated /approved by the HOA. Sheds, green houses, and similar accessory structures
are governed by the City's Calculations and Measurements section of the Land Use Code
and certain limitations on location and size apply.
1. Fences are governed by the City's Calculations and Measurements section of the Land
Use Code and certain limitations on location, size, and materials apply.
m. All other provisions of the City's Calculations and Measurements section of the Land
Use Code, as changed from time to time, shall apply.
n. Multi - family buildings are not subject to the City's Residential Design Standards.
However, the buildings' character shall be in substantial conformance with the final PUD
plans. Amendments to the design shall be reviewed administratively. Substantial
deviations from the final PUD plans may require City Council review.
8.3 — Park Parcels A and B — Public Parks.
Allowed in and on Parks parcels A and B are the construction, installation, maintenance and
operation of public parks and facilities appurtenant to park usage such as playground equipment,
seating, shade structures, bathrooms, and similar installations normally associated with an active
park. Vending machines are not permitted. A maintenance structure of up to 750 square feet and
not exceeding 12 feet in height may be developed within each of the Parks parcels. Sighting and
design of such a structure shall require an insubstantial amendment by the Community
Development Director. Retaining devices shall not require a setback. Fences are governed by
the City's Calculations and Measurements section of the Land Use Code and certain limitations
on location, size, and materials apply. Any other structure higher than 6 feet from finished
grade shall be setback a minimum of 10 feet from any lot line of the park.
8.4 — Park Parcel C — Public Park and Possible Future Childcare Facility.
Allowed in and on Park parcel C, the southern -most parcel, are the same uses and dimensional
limitations as for Parks parcels A and B, with the additional allowed uses of the Public Zone
District and specifically the allowance for a child care facility. Development of such a child care
facility is hereby approved as a conditional use, but shall require a substantial amendment to the
COWOP approval by City Council for design and operational considerations and the adoption of
revised dimensional limitations. An amendment to the conditional use is not necessary.
Section 9: Growth Management and Affordable Housing
City Council hereby grants growth management allotments for the development of 167
affordable housing residences.
The 91 housing units in Burlingame Ranch Phase I met the 70% to 30% ratio requirement for
affordable housing bedrooms to free market housing bedrooms as required in the AH/PUD Zone
District. Specifically, the bedroom count for the Stage Road PUD /Subdivision is sixty (60)
bedrooms, which requires that one hundred forty (140) affordable housing bedrooms be
provided. The Phase I bedroom count for the Burlingame Ranch AH project is 191, plus an
estimated additional 21 bedrooms developed in the 7 single - family lots, far exceeding the 140
minimum bedroom requirement.
Ordinance No. 22, Series 2011
Page 12 of 22
The development of an additional 167 units and 360 bedrooms further meets the 70/30
requirements of the AH/PUD Zone District and is in conformance with the 4 Amended and
Restated Pre - Annexation Agreement between the City of Aspen and Bar/X Ranch, allowing for
the development of the Stage Road PUD /Subdivision approved through Ordinance No. 6, 2005.
Units may be reserved by and pre -sold to local residents who qualify according to the
Aspen/Pitkin County Housing Authority Guidelines and with specific procedures established by
APCHA and the City Council regarding a unit pre -sales program. Units may be reserved by and
pre -sold to local businesses and organizations according to the Aspen/Pitkin County Housing
Authority Guidelines and with specific procedures established by APCHA and the City Council
regarding a unit pre -sales program. Local businesses and organizations purchasing units may use
such unit purchase as credit towards housing mitigation requirements of the City. Credit shall be
recognized on an FTE basis and tracked by the Community Development Department and the
Housing Authority. Local businesses and organizations owning such units may lease or sell the
units to qualified residents of their choosing and according to applicable rental or sale allowances
and restrictions of the Housing Guidelines.
The units within Phase II must be deed restricted as affordable housing — Resident Occupied or
lower designation. The determination of maximum price Categories shall be finalized by the
City Council prior to transfer of each unit. Designation of categories shall take into
consideration unit size, type, cost, community need, and other factors. Following is an initial
price designation mix. Final designations of categories may deviate from the following schedule
at the discretion of the City Council:
Unit Type 1 Category Cat 1 Cat 2 Cat 3 Cat 4 Cat 5 Cat 6 Cat 7 Cat RO Total #
1 Bedroom Flat 0 16 17 9 4 0 0 0 46
2 Bedroom Flat 0 12 16 2 0 0 0 0 30
2 Bedroom Townhome 0 2 0 8 4 3 2 0 19
3 Bedroom Flat 0 9 17 13 3 4 1 0 47
3 Bedroom Townhome 0 0 2 1 6 5 5 0 19
Single Family Home 0 0 0 0 0 0 0 6 6
Total 0 39 52 33 17 12 8 6 167
Section 10: Building Permit Submission Requirements
In addition to the standard submission requirements for a building permit, the Applicant shall
submit the following:
a. A signed copy of the final City Council Ordinance and the recorded Development
Agreement granting land use approvals.
b. An affidavit from the primary contractor stating that the final City Council Ordinance and
the recorded Development Agreement granting land use approvals have been read and
understood.
Ordinance No. 22, Series 2011
Page 13 of 22
c. An affidavit from the primary contractor stating that the improvements will be constructed
according to plans approved by the City of Aspen Building Department, including approved
change orders. The contractor shall certify that change orders will be obtained prior to
being implemented.
d. Detail civil plans for the construction of Paepcke Drive and associated sidewalks,
curbing and drainage improvements as depicted in the Final PUD Plans. Plans for
temporary construction roads, emergency access roads, and construction staging areas,
including drainage controls thereon, shall be developed to a level of design sufficient and
acceptable to the City Engineer.
e. Detail civil plans for the installation and/or relocation of all utilities depicted and
described in the Master Utility Plan of the Final PUD Plans
f. Detail civil plans for the installation of all drainage facilities depicted and described on
the Drainage Plan of the Final PUD Plans;
g. A construction signage plan for approval by the parking and Engineering Departments
signing both sides of Aspen Street as No Parking Fire Lane; signing the public parking
spaces within the turn- around as Emergency and Official Vehicles Only; and specifying
sign receivers to be placed during construction.
h. A detailed irrigation plan showing secondary lines and types and locations of irrigation
heads.
i. Payment of all applicable development permit fees in effect at the time of submission
which are payable upon permit submission.
Section 11: Building Permit Issuance Requirements
In addition to the standard requirements for issuance of a building permit, the following
conditions must be met prior to issuance of a building permit:
a. The Applicant shall pay the TDM/AQ impact fees and school lands dedication fees
according to the calculation methodology and fee structure contained in Section 12, below,
and according to the number and type of units within the permit.
b. Payment of all applicable development permit fees in effect at the time of submission which
are payable upon permit issuance.
c. A vegetation protection fence shall be erected at the perimeter of the construction zone(s)
of the project or sub -phase to protect existing vegetation remaining on of adjacent to the
site. This fence must be installed and inspected by the City Forester or his/her designee
prior to issuance of an Access Infrastructure or start of any significant site grading work.
The protective fencing and vegetation protection protocols shall remain in place through-
out the construction period or as otherwise allowed to be removed by the City Parks
Department.
d. The final application represented that the development in Phase Two will meet specific
energy performance according to the Building America program. Prior to issuance of a
Building Permit for buildings within Phase Two, sufficient evidence as may be
acceptable to the Chief Building Official demonstrating the project has been designed to
this higher standard of environmental performance shall be presented and accepted.
Section 12: Impact Fees
Ordinance No. 22, Series 2011
Page 14 of 22
Park Impact Fees
Pursuant to Ordinance 24, Series 2005, (Phase One approvals), the preservation of approximately
195 acres of land (Deer Hill) in conjunction with the Bar/X development, and in consideration of
the dedication of three park parcels within Phase Two totaling approximately 2.37 acres, City
Council hereby waives the Park Development Impact Fees for the development within Phase Two
of Burlingame Ranch, pursuant to Land Use Code Section 26.610.100.
School Land Dedication in Lieu Fees
The Burlingame Ranch Affordable Housing Development shall provide a cash in lieu fee to the
Aspen School District based on the formula contained below. The Aspen School District has
previously indicated interest in having land dedicated to the district for the purpose of housing
district employees, for other district purposes, or selling land dedicated to them within
Burlingame Ranch for revenue. The intended purpose of the Burlingame Ranch development is
to provide affordable housing and not to create a public facility and the potential additional
impacts such as a school could induce. The City Council may provide to the Aspen School
District, with their agreement, a subdivided residential lot(s) in Burlingame Ranch at a value
equal to the fee.
Fees are assessed based on one -third the value of the unimproved land divided by the proposed
number of residential units on a per acre basis. The value of the unimproved land was
determined during Phase One at $12,448.62 per acre. This value divided by the land dedication
standard for the number of units in each of the bedroom categories results in a total impact fee of
$215,196.85.
Unit Size Fee per Unit Quantity Total Fee
1 bedroom $153.06 46 $7,040.76
2 bedroom $1,211.77 49 $59,376.73
3 bedroom $2,066.38 66 $136,381.08
Single - Family $2,066.38 6 $12,398.28
(3 bedroom)
Total 167 $215,196.85
Transportation/Air Quality Impact Fee
Pursuant to Chapter 26.610, the project shall pay a Transportation Demand Management /Air
Quality Impact Fee based on the formula below:
Unit Size Units Bedrooms Per Bedroom Fee Total Fee
1- Bedroom 46 46 $498 $22,908
2- Bedroom 49 98 $498 $48,804
3- Bedroom 66 198 $498 $98,604
Single - Family 6 18 $498 $8,964
(3 bedroom)
Total 167 360 $179,280
Phasing and Fees
Ordinance No. 22, Series 2011
Page 15 of 22
Development of the project in a phased format shall require payment of a portion of the above
fees based on the number and type of units within that phase and using the above calculation
methodology and payment schedule. Amendments to the project shall include an adjustment to
these fees according to the above calculation methodology and fee schedule.
Section 13: Construction Management Plan Requirements
A construction management plan must be submitted in conjunction with the Access
Infrastructure permit for any and each phase of the project. If the project is bifurcated into
phases, a CMP for each phase will be required. The plan must include a planned sequence of
construction, staging areas, parking areas, truck traffic routes, fire and emergency access routes,
and mitigation measures for noise, dust, noxious weeds, erosion, and sediment.
The CMP shall include operational practices that minimize construction impacts to the residents
of Phase One. Prior to initiating work, each owner within Phase One shall be provided with
basic information and schedules for the construction along with contact information for the on-
site project superintendant. Staff recommends this be done through a project web site that can be
updated as information changes and that allows residents to submit complaints directly to the site
superintendant.
The project superintendant is expected to address neighborhood construction impact issues in a
reasonable and timely way without requiring involvement by the City's Construction Mitigation
Officer. The City may require work stoppage on certain holidays or other high- activity days,
which shall be identified in the CMP to the extent practicable.
Section 14: Requirements for Issuance of Certificates of Occupancy
In addition to the standard practices for issuance of a Certificate of Occupancy, the following
conditions must be met:
a. Prior to issuance of the first Certificate of Occupancy within Phase Two, all
improvements and obligations of the "density agreement" shall be met and accepted by
the Phase One Homeowners Association.
b. Completion of the improvements to Paepcke Drive and associated sidewalks, curbing,
and drainage to a level considered safe for public use, including emergency access and
accessible (ADA) routes, by the City Engineer and the Chief Building Official for all
areas to be accessible around the subject building to be issued a Certificate of
Occupancy. Remaining improvements, such as a final pavement overlay, striping, final
sign installation and the like, may be accomplished later as long as the residents of the
subject building and the general public will be safe and be provided with reasonable
access.
c. The final application represented that the development in Phase Two will meet specific
energy performance according to the Building America program. Prior to issuance of a
Certificate of Occupancy for buildings or units within Phase Two, sufficient evidence as
may be acceptable to the Chief Building Official demonstrating the project has been
constructed to this higher standard of environmental performance shall be presented and
accepted.
Ordinance No. 22, Series 2011
Page 16 of 22
d. Certificates of Occupancy or Conditional Certificates of Occupancy for individual units
within a building shall not be issued until all units within the particular building have
been issued a final inspection and all units within that building are eligible for such
Certificate of Occupancy or Conditional Certificate of Occupancy.
e. Conditional Certificates of Occupancy may be issued subject to current (at the time of
CCO request) Building Department policy, which may include additional administrative
fees and escrow funds, bonding, or mechanisms to guarantee the installation of remaining
improvements.
f. Final inspection shall not be issued for individual carports and shall be done on a
complete building basis.
Section 15: Environmental Health Department
Code requirements to be aware of when filing a building permit include: a prohibition on engine
idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs.
The applicant should consider the size and layout of the recycling areas to accommodate
cardboard, comingled containers, newspaper and magazines, and office paper. A large container
may be necessary for cardboard alone. The applicant should consider a location for grass
clippings, possibly in the proposed wildlife -proof enclosures. The applicant should consider
used of stamped storm drains or drain markers indicating that the grate drains to the river, so
should not be used for dumping liquids.
Section 16: Environmental Initiatives
The applicant is encouraged to design landscaping and irrigation to maximize water conservation
will also help conserve energy and reduce GHG emissions. Water treatment pumps and other
machinery tend to consume vast amounts of energy.
The applicant is encouraged to design units to enable future retrofit of solar hot water or
photovoltaic. Also encouraged are green roofs, real -time home energy monitors, tankless hot
water heaters, and double -paned windows (if not already planned for). The applicant is
encouraged to install general purpose (110 volt) outlets in all Phase Two carports, enabling
charging of neighborhood electric vehicles. The applicant should consider options for converting
gas /electric systems and appliances to all- electric possible and with minimal retrofitting. The
applicant should consider LED lighting.
Section 17: Water Department
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility
placement and design shall meet adopted City of Aspen standards.
The utility investment charges (water tap fees) for the residential development have been waived
by the City of Aspen Director of Utilities. (Reference May 9, 2011, letter in application.) Utility
invest charges for irrigation or other landscape purposes are not waived. The applicant is
Ordinance No. 22, Series 2011
Page 17 of 22
encouraged to use alternate water sources including reclaimed water or water from the Willow -
Herrick ditch for irrigation.
Section 18: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office. Since an upgraded main sanitary sewer line will be
required to serve this new development, a "Line Extension Request" and a "Collection System
Agreement" will be required, both of which are ACSD Board of Director's action items.
Generally one tap is allowed for each building. Shared service line agreements may be required
where more than one unit is served by a single service line.
The Applicant's engineer must provide the district an estimate of anticipated daily average and
peak flows from the project.
If the expected flows exceed the planned reserve capacity of the existing collection system or
treatment system, an additional proportionate fee will be assessed to eliminate the downstream
collection system constraint, the treatment capacity constraint, or both constraints. Additional
proportionate fees would be collected over time from all development in the area of concern in
order to fund the improvements needed.
If the expected flows exceed the existing capacity of the current collection system or treatment
facility, the development will be assessed fees to cover the costs of replacing the entire portion of
the system that would be overwhelmed. In this case, the District will fund the costs of
constructing reserve capacity in the area of concern (only for the material cost difference for a
larger line). The District will not approve a recapture provisions.
The final design must provide enough room for all utilities in the extended Forge Road to
accommodate the main sanitary sewer line installation according to ACSD specifications. ACSD
will administer and construct the proposed new main sanitary line in Forge Road and various
areas throughout the Burlingame Ranch Phase II site totaling some 1780 lineal feet.
On -site sanitary sewer utility plans require approval by ACSD. The applicant must deposit funds
with the District for construction costs, engineering fees, construction observation fees, and fees
to clean and televise the new main sewer line extension into the project.
On -site drainage and landscaping plans require approval by the district, and must accommodate
ACSD service requirements and comply with rules, regulations and specifications. Easements for
the main sanitary sewer line as well as access easements, dedicated to the District, are required.
Easements have been detailed to comply with ACSD requirements at 10 feet either side of the
pipe centerline. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
Below grade development will require installation of a pumping system. Plumbing plans for the
pool and spa areas require approval of the drain size by the district. Glycol snowmelt and heating
systems must have containment provisions and must preclude discharge to the public sanitary
sewer system.
The applicant must submit a stormwater management plan to the District for approval. All clear
water connections are prohibited (roof, foundation, perimeter, patio drains) including trench
Ordinance No. 22, Series 2011
Page 18 of 22
drains for the entrances to garages. Oil and Sand separators are required for vehicle parking
garages and vehicle maintenance facilities. While not included in current plans, any future
elevator drains must also be plumbed to the Oil and Sand interceptor. Plans for interceptors,
separators and containment facilities require submittal by the applicant and approval prior to a
building permit application.
The district will be able to respond with more specific comments and requirements once detailed
building and utility plans are available. The applicant must submit a phasing plan to the District.
The applicant must pay 40% of the estimated tap fees for the anticipated building stubouts. All
ACSD total connection fees must be paid prior to the issuance of a building permit.
Amendments to the above requirements agreed to in writing by the Applicant and the Aspen
Consolidated Sanitation District shall supersede the sanitation requirements listed herein.
Section 19: Condominiumization Approved
Condominiumization of units, including the parking spaces, to define separate ownership
interests within a Lot or Tract of the Burlingame Ranch Affordable Housing Phase Two
Subdivision/PUD is hereby approved by the City of Aspen, subject to recordation of a
condominiumization plat in compliance with the current (at the time of condo plat submission)
plat requirements of the City's Community Development Department.
Section 20: Requirements for Filing a Condominium Plat and Unit Transfers.
In addition to the standard practices for filing a condo plat, the following conditions must be met:
a. Condominium plats shall be accomplished on a per - building or multiple building basis.
b. Surface and carport parking spaces to be owned and managed by the Homeowners
Association shall be defined and described on the condo plat. These can be grouped and do
not need to be individually surveyed.
c. The condo plat and declaration shall prohibit sale of surface or carport parking spaces
associated with a residential unit separate from sale of that residential unit.
d. Approval and filing of a deed restrictions for the affordable housing units located in the
building(s). Filing may occur simultaneous with recording the condo plat.
e. Transfer of units shall occur after filing of a condo plat describing the real estate being
transferred and after receipt of a Certificate of Occupancy or Conditional Certificate of
Occupancy has been issued for the particular unit.
Section 21: Amendments
Amendments to change the unit layouts, changes to the mix of unit types, changes to the
Categories mix of units, insubstantial changes to the building locations or configurations,
changes to the location of carports, surface parking, or common amenities, insubstantial changes
to the proposed architectural detailing or roof profiles, insubstantial changes to the
transportation/mobility plan, and other changes which do no materially change the nature of the
development may be approved by the Community Development Director as an insubstantial
amendment.
Ordinance No. 22, Series 2011
Page 19 of 22
The development of elevators within multi - family buildings in order to provide enhanced
accessibility may be approved by the Community Development Director as an insubstantial
amendment. Lot line adjustments with neighboring properties to regularize boundaries or
provide additional park space may be approved by the Community Development Director as an
insubstantial amendment.
The development of additional community garden(s) within common area may be approved by
the Community Development Director as an insubstantial amendment. If this is within a public
park, approval from the Parks Department shall also be required. A greenhouse of up to 750
square feet may be developed with approval from the Community Development Director,
approval from the Homeowners Association, and approval from owners of residential units
within 50 feet of the greenhouse. If the greenhouse is within a public park, approval from the
Parks Department shall also be required.
Changes to the number of residences, the deletion of common amenities, change by more than
1% to approved parking, substantial changes to the transportation/mobility plan, changes to items
described in the "density agreement," and other changes which represent a material change to the
uses, intensity, character, or nature of the development shall be reviewed for approval by City
Council. Form of the review shall be by resolution at a public hearing unless the change places
an additional burden on the land, which shall be by Ordinance.
Section 21: Vested Rights
The development approvals granted herein shall constitute a site - specific development plan vested
for a period of ten (10) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within one
year of the effective date of the development order shall also result in the forfeiture of said
vested property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site - specific development
plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice
advising the general public of the approval of a site specific development plan and creation of a
vested property right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development plan,
and the creation of a vested property right, valid for a period of ten (10) years, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: Phase Two Burlingame Ranch Affordable
Housing Subdivision/PUD located on Tracts A, B, and C of Burlingame Ranch Filing 1, and
Block 1, Lots 6 and 7 of Burlingame Ranch Filing 1.
Ordinance No. 22, Series 2011
Page 20 of 22
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the
date of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 22:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department or the Aspen City Council are hereby
incorporated in such plan development approvals and the same shall be complied with as if fully
set forth herein, unless amended by other specific conditions.
Section 23:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 24:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 25:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 26:
A public hearing on the Ordinance was held on the 2 day of August, 2011, at 5:00 in the
Burlingame Commons Room, 100 Mining Stock Parkway Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen. A continued public hearing on the Ordinance was held on the 23` day
of August, 2011, at 5:00 in the City Council Chambers, City hall, 130 South Galena Street, Aspen
Colorado.
Section 27:
This ordinance shall become effective thirty (30) days following final adoption.
Ordinance No. 22, Series 2011
Page 21 of 22
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25 day of July 2011.
Attest:
Kathryn S. fch, City Clerk chael C. reland, ayor
FINALLY, adopted, passed and approved this 23 day of August, 2011.
Attest:
Kathryn S. / ch, City Clerk Mic ael C. I eland, yor
Approved as to form:
orcester, City Attorney
Exhibit A — Illustrative Site Plan & Program summary
Exhibit B — Map of proposed subdivision
Exhibit C — Height measurement methodology
Exhibit D— Irrigation Water Source Design
Ordinance No. 22, Series 2011
Page 22 of 22
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Exhibit D — Irrigation Water Source Design
August 25, 2011
Burlingame Ranch Phase II
Irrigation Water Source Design
The irrigation water source for Phase IIA, Park 1 and Park 2 of Burlingame Ranch will be
the Aspen Consolidated Sanitation District's Re -Use water line, managed by the City of
Aspen's Water Department. It has been projected that this line has sufficient capacity
to supply all of the irrigation water required by Phase IIA and Parks 1 and 2, and a
commitment to provide the capacity needed for this project has been made. Since
the line will not have enough pressure for a direct tap to feed the irrigation mainline, a
reservoir has been designed in Park 1 to hold the irrigation water as well as serve storm
water management needs. The reservoir will be filled directly from the re -use line and
will have a level sensor and automated control valve to regulate fill levels. The reservoir
will have the capacity to hold up to four days of irrigation water during the peak
season. The emergency back -up water supply will be a potable tap located within the
park surrounding the reservoir.
The irrigation water source for Phase IIB and Park 3 will be the existing reservoir in
Harmony Park. The ditch that currently feeds this reservoir has sufficient capacity and
the City has the necessary water rights to handle the additional landscape area within
Phase IIB and Park 3. The back -up water supply for this reservoir will be the re -use water
line.
The applicant shall submit an exhibit prior to issue of a building permit which provides
details regarding the location of the water reuse lines, backup system with potable
water, ponds, pumps and valves used for irrigation supply. The exhibit shall be included
in the plat documents and recorded. The details of secondary lines, head locations and
types of heads will be completed prior to the building permit.
Design and planning of all phases of the irrigation system should include the
coordination between the applicant and staff from the Parks and Utility Departments.
In order to notify the public that water from the re -use lines is being used for filling of the
pond in Park 1 and Harmony Park, appropriate signage will be determined for
installation adjacent to the ponds indicating the use of re -use water. The language of
the signs will be developed in conjunction with the City of Aspen Water Department
prior to the issuance of a building permit.
Tue, Jul 26, 2011 08:04:11 0 Pd ° ' /
6 6814824 ad 1 1' u °1 -- ,,k
Ad Ticket #5 '_ i /
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E-m ANGELA SCOREY
Client:
Caller: Kathryn Koch Cit Aspen
Receipt State: CO Zip: 81611
_
Ad Name: 6814824A Original Id: 0
Editions: 8ATI/8ATW/ Class: 0990 ,
Start: 07/31/11 Stop: 07/31/11
Color: Issue 1
Copyline: 6814824 atw Ordinance #22 -2011 R AT Legals
LEGAL NOTICE
ORDINANCE #22, 2011, PUBLIC HEARING
Lines: 21
Ordinance #22. Series of 2011, was adopted on
Depth: 1.76 first reading at the City Council meeting July 25,
Columns: 1 2011. This ordinance, if adopted, will approve a
subdivision and final PUD for Burlingame Ranch
Discount: 0.00 Phase II to develop affordable housing. The first
public hearing on this ordinance is scheduled for
Commission: 0.00 August 2, 2011 at 5 PM, at Burlingame Commons
Net:
0.00 Room 100 Mining Stock Parkway.
0.00 To see the entire text, go to the city's legal notice
Tax: website
Total 10.63 http://www.aspenpitkin.com/Departments/ClerkiLa-
aal- Notices/
Payment 0.00 If you would like a copy FAXed or e- mailed to you.
call the city clerk's office, 429 -2686.
Published in the Aspen limes Weekly July 31,
2011. (6814824)
Ad shown is not actual print size
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