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JRNICE K VOS CAUDILL PI?KIN COUNTY CO R 46.00 D 0.00
ORDINANCE N0. 24
j (SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH
CONDITIONS,A SUBDIVISION REVIEW,CONSOLIDATED
CONCEPTUAL/FINAL PUD,AND A GROWTH MANAGEMENT REVIEW FOR
THE PRESERVATION OF SIGNIFICANT OPEN SPACE PARCELS FOR THE
1001 UTE AVENUE SUBDIVSION,CITY AND TOWNSITE OF ASPEN,PITKIN
COUNTY,COLORADO
Parcel ID:2737-182-00-063
WHEREAS, the Community Development Department received an application
from Leathern Stearn, owner, represented by Davis Horn Incorporated,requesting approval
of Subdivision, Consolidated Conceptual/Final Planned Unit Development, 8040 Greeniine
Review, Growth Management Review for the Preservation of Significant Open Space
Parcels to divide the parcel at 1001 Ute Avenue into two (2) residential properties and four
(4) separate common areas, City and Townsite of Aspen; and,
WHEREAS, the pursuant to Land Use Code Section 26.470.040(B)(1), Detached
Single-family and Duplex Dwelling Units, the Community Development Director approved
a Growth Management Review for the construction of one single-family dwelling unit,
conditioned upon approval of the other associated land use actions requested; and,
WHEREAS, pursuant to Land Use Code Section 26.445.030(B)(2), Consolidated
Conceptual and Final Review, the Community Development Director consented to allow
for the development application to be reviewed as a consolidated PUD review because of
the anticipated limited scope of issues involved with the review; and,
WHEREAS, pursuant to the applicable sections of the land use code, the
Community Development Director has reviewed the requested land use actions and
recommended denial of the growth management review for the preservation of significant
open space parcels and that a maximum floor area of only 3,830 square feet be allowed per
residential lot; and,
WHEREAS, during a duly noticed public hearing on April 4, 2006, the Planning
and Zoning Commission opened and continued the public hearing on this application to
April 18, 2006; and,
WHEREAS,during a continued public hearing on April 18,2006,the Planning and
Zoning Commission opened and continued the public hearing on this application to May 2,
2006; and,
WHEREAS, the Applicant amended the development application to include the
development of a Category 4 affordable housing unit to mitigate for the second free-market
residential unit in the subdivision; and,
WHEREAS, during a continued public hearing on May 2, 2006, the Planning and
Zoning Commission approved Resolution No. 16, Series of 2006, by a six to zero (6-0)
vote, approving with conditions an 8040 Greenline Review, a Growth Management Review
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 1�27D2000001:36F
for the Development of Affordable Housing, and recommending that City Council approve
with conditions, Subdivision Review, Consolidated Conc
Management Review for the Preservation of Significant eptuaUFinal PUD' and a Growth
Ute Avenue Subdivision to divide the parcel at 1001 Ute Avenue a into two l(2) residential
Properties, a parcel for the development of a Category 4 AH unit and four (4) separate
common areas, City and Townsite of Aspen;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 Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on July 10, 2006, the Aspen City
Council reviewed the proposal and continued the hearing until July 24,2006; and,
WHEREAS, during a continued public hearing on July 24, 2006, the Aspen City
Council reviewed the proposal and continued the hearing until August 14,2006;and,
WHEREAS,during a continued public hearing on August 14,2006, the Aspen City
Council reviewed the proposed 1001 Ute Avenue Subdivision and approved Ordinance No.
24, Series of 2006, by a four to zero (4-0) vote, approving with con
Avenue Subdivision, Consolidated Conceptual/Final PUD and ditions, the 1001 Ute
Review for the Preservation of Significant Open Space Parcels; and, Growth Management
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the
conditions,is consistent with the goals and elements approval Of the of the Aspen Area Convent proposal, with
mmumty Plan; an
find d,
WHEREAS, the City Council s 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 THAT:
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen the Aspen City Council hereby approves with conditions, a ��sionipReviewe'
Consolidated Conceptual/Final PUD, and a
Preservation of Significant Open Space Parcels or the 100 Utge Avenue Subdivision to
divide the parcel at 1001 Ute Avenue into two (2) single-family residential properties, a
Property for the development of a"for sale", three-bedroom, Category 4 affordable housing
unit and four(4)separate common areas,subject to the conditions contained herein.
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JANICE K V05 CAUDILL PITKIN COUNTY CO R 48.00 D 0.00
Section 2:Approved Development
Development of two (2) free-market single-family residential dwelling units, and the
development of a"for sale",three-bedroom,Category 4 affordable housing unit,the relocation
of the existing tennis courts approximately thirty(30) feet to the west of their current location,
along with the necessary road improvements to access the residential lots are hereby approved
subject to the terms of this ordinance.
Section 3:Dimensional Requirements
The approved dimensional requirements are as follows:
Dimensional Approved
Requirement Dimensional
Requirements
Minimum Lot Size Lot 1=24,850 SF
Lot 2=30,060 SF
Common Area 1 Open
Space=20,860 SF
Common Area 2 Open
Space=24,860 SF
Common Area 3 Access
Easement= 15,290 SF
Common Area 4 Open
Space=920 SF
Minimum Lot Width 25 Feet for Common
Area 2 Open Space
Minimum Lot Area 31,655 SF in PUD
Per Dwelling Unit
Minimum Front Per Building Envelope
Yard Setback
Minimum Side Yard Per Building Envelope
Setback
Minimum Rear Yard Per Building Envelope
Setback
Maximum Height 25 Feet as measured
from finished grade and
27 Feet to the ridge
Allowable External 5,040 SF per each of the
FAR two (2) single-family
residential dwelling
units as calculated based
on the City land use
code methodology in
affect at the time of
building permit
submittal. Additionally,
1,400 SF is allocated for
the development of a
"for sale", Category 4
affordable housing unit.
Minimum Off-Street 2 Spaces per Residential
Parking Unit
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 D 0.00
M. Section 4: Subdivision/PUD Plat and Agreeme nt
The Applicant shall record a subdivision/PUD plat and agreement that meets the requirements
of Land Use Code within 180 days of approval. The Plat shall contain the properly
boundaries,easements,and the building envelopes.
Section 5: 8040 Greenline Review
The 8040 Greenline approval granted herein is only for the road serving the single-family
residence parcels and the relocation of the tennis courts. Prior to applying for building permits
on the two (2) free-market residential units or the associated accessory dwelling units within
the subdivision/PUD, an 8040 Greenline Review on the specific residence designs shall be
applied for and approved pursuant to Land Use Code Section 26.435.030, 8040 Greenline
Review.
Section 6:Residential Desin Standards
The two(2)single-family residences to be constructed within the subdivision shall be required
to meet the applicable City of Aspen Residential Design Standards pursuant to Land Use Code
Section 26.410,Residential Design Standards.
Section 7:Affordable Housing Mitigation
A"for sale", three-bedroom, Category 4 affordable housing unit consisting of a minimum of
1,400 square feet of net livable space shall be constructed in combination with providing a
conservation easement on the southern 4.1 acres of the fathering parcel to mitigate for the
free-market residential dwelling units to be constructed within the subdivision. The affordable
housing unit shall be excluded from the homeowner's association for the subdivision so that it
will not be responsible for maintenance and association fees common to the subdivision. The
homeowner's association documents shall not contain any language that prohibits the owners
of the affordable housing units from having dogs.
Section 8: Conservation Easement
The Applicant shall deed the 4.1 acres of the fathering parcel to be placed under a
conservation easement to the City of Aspen. Subsequently, the City of Aspen shall record a
conservation easement to be held by a third party on the 4.1 acres of the fathering parcel to
remain in Pitkin County, that will be sterilized in perpetuity against future development in
exchange for one of the two(2) single-family development rights within the subdivision. The
property shall be deeded to the City prior to submission for an access/infrastructure permit on
the common driveway improvements within the subdivision/PUD. The conservation
easement document shall be prepared by the Applicant and reviewed by the Pitkin County
Community Development Department prior to recordation.
Section 9: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall
pay a fee-in-lieu of land dedication in conjunction with any residential development in the
subdivision. Prior to building permit issuance on any residential development within the
subdivision, the Applicant shall pay the school lands dedication fee associated with the
-o subdivision as calculated by the City Zoning Officer using the dedication schedule in effect
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JANICE K VOS CAUOILL PITKIN COUNTY CO R 48.00 D 0•"
at the time of building permit submission as set forth in Land Use Code Section
26.630.030,School Lands Dedication:Dedication Schedule.
Section 10: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant
shall pay a park development impact fee at the time of building permit issuance for any
construction within the subdivision that adds new residential/lodge bedrooms and/or
commercial/office square footage. The City Zoning Officer shall calculate the amount due
using the fee schedule in effect at the time of building permit submission as set forth in
Land Use Code Section 26.610.030,Park Development Impact Fee:Fee Schedule.
Section 11: Soil Subsidence,Rock Fall.and Avalanche Hazards
The Applicant shall submit geotechnical and soil stability reports performed by a qualified,
licensed engineer, demonstrating the land is suitable to handle the proposed development in
conjunction with the 8040 Greenling Review applications for the individual residences
proposed within the subdivision/PUD. The designs for the single-family residences within the
subdivision/PUD shall comply with the recommendations of the Applicant's Avalanche
Specialist, Peter Lev, and Applicant's Geologist, Nicholas Lampiris, by providing an
engineered four(4)foot tall retaining wall on the south side of the residences.
Section 12:Mine Waste
The Applicant shall provide a mine waste testing and handling plan to the City prior to
submitting a building permit application on either of the residences, that complies with the
following conditions of approval regarding development in an Environmentally Sensitive
area and handling of any hazardous or toxic soils encountered on the property pursuant to
Land Use Code Section 26.435.030 of the City of Aspen Municipal Code:
a. Any disturbed soil or material that is to be stored above ground shall be securely
contained on and covered with a non-permeable tarp or other protective barrier
approved by the Environmental Health Department so as to prevent leaching of
contaminated material onto or into the surface soil. Disturbed soil or material need
not be removed if the City's Environmental Health Department finds that: 1) the
excavated material contains less than 1,000 parts per million(ppm)of total lead, or 2)
that there exists a satisfactory method of disposal at the excavation site.Disturbed soil
and solid waste may be disposed of outside of the site upon acceptance of the material
at a duly licensed and authorized receiving facility.
b. Non-removal of contaminated material. No contaminated soil or solid waste shall be
removed,placed, stored, transported or disposed of outside the boundaries of the site
without having first obtained any and all necessary State and/or Federal transportation
and disposal permits.
C. Dust suppression. All activity or development shall be accompanied by dust
suppression measures such as the application of water or other soil surfactant to
minimize the creation and release of dust and other particulates into the air.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 0 0.00
d. Vegetable and flower gardening and cultivation. No vegetables or flowers shall be
planted or cultivated within the boundaries of the site except in garden beds
consisting of not less than twelve (12) inches of soil containing no more than 999-
ppm lead.
e. Landscaping. The planting of trees and shrubs and the creation or installation of
landscaping features requiring the dislocation or disturbance of more than one cubic
yard of soil shall require the same measures outlined in sub-sections a,b, c, f and g.
f. Any contaminated soil or mine waste rock that is either disturbed or exposed shall be
contained on the property such that runoff does not exit the property or contaminate
clean soils existing elsewhere on the property.
g. Any contaminated soil or mine waste rock to be left on-site shall be placed under
structures or pavement. Soils used in landscaped areas or engineered fills shall be
covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead.
Section 13:Fire Mitigation
Fire sprinkler and alarm systems that meet the requirements of the Fire Marshal shall be
installed in each of the single-family residences to be constructed within the
subdivision/PUD. The water service line shall be sized appropriately to accommodate the
required Fire Sprinkler System. The residences to be designed and constructed within the
subdivision/PUD shall meet the Colorado Defensible Space Standards. Compliance with
the Colorado Defensible Space Standards shall be verified as part of the 8040 Greenline
Review process on the individual residences.
Section 14: Driveway Construction
The driveway shall be constructed to the grades that are proposed in the application and
shall not exceed twelve (12) percent at any point. A hammerhead fire truck turnaround
meeting the requirements of the Fire Marshal shall be installed as proposed in the
application. The Applicant shall enter into a recorded road maintenance agreement with
the City that is to be reviewed and accepted by the City Fire Marshal prior to the issuance
of an access/infrastructure permit to construct the road. An access/infrastructure permit
shall be applied for and approved by the City Community Development Department prior
to commencing any grading or construction activities related to the installation of the
common driveway to the residential parcels. A geotechnical report shall be submitted as
part of the access/infrastructure permit application.
Section 15:Landscaaing
The Applicant shall install landscaping that is consistent with the landscaping plan that is
proposed in the application for screening of the retaining wall. A tree removal permit and
tree protection plan shall be submitted and approved by the City of Aspen Parks
Department prior to commencing construction activities related to the subdivision access
improvements. Additionally, individual landscaping plans for the residential parcels shall
be submitted and reviewed by the City Parks Department as part of the 8040 Greenline
'" Review applications for the individual residences. The Applicant shall provide a financial
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 D 0.00
security to ensure the completion of the landscaping as shown on the landscaping plan in
the application is completed prior to a building permit application being submitted on any
of the residential units within the subdivision.
Section 16: Relocation of Tennis Courts
The Applicant shall relocate the existing tennis courts prior to or in conjunction with the
installation of the common driveway to the residential parcels within the subdivision/PUD.
An access/infrastructure permit shall be applied for and approved prior to the
commencement of construction activities related to relocating the tennis courts. The
pathway from Ute Avenue to the relocated tennis courts shall be improved to comply with
applicable ADA accessibility requirements. A deed restriction shall be recorded on the
Common Area 2 Open Space (parcel to contain the tennis courts) that preserves the parcel
against future development.
Section 17: Trail Easement
r The Applicant shall grant a public trail easement to accommodate the existing Ajax Trail if
it is found to be located outside of the existing trail easement in areas. Additionally, the
Applicant shall grant a permanent public trail easement meeting the approval of the City of
Aspen Parks Department along the eastern corner of single-family residential Lot 1 in order
to accommodate a pedestrian trail from the Ajax Trail down to Ajax Park prior to
recordation of the final subdivision/PUD plat.
Section 18: Water Department Requirements
The Applicants 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. The Applicants shall also enter into a water service agreement with the City
and complete a common service line agreement for the residential units.
Section 19:Aspen Consolidated Sanitation District Requirements
The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections(roof, foundation,perimeter drains)to ACSD lines
shall be allowed. The sanitary sewer lines serving the residential properties within the
subdivision shall be constructed out of a yellowmite material since adequate separation
between the water and sewer lines cannot be maintained under the common driveway. If a
glycol heating and snowmelt system is to be installed, the glycol storage areas shall be
reviewed and approved by the Aspen Consolidated Sanitation District prior to installation.
Section 20: Massing Controls
The specific designs of the two (2) free-market residential dwelling units that are to be
submitted for 8040 Greenline Review pursuant to Section 5 of this ordinance shall be
substantially consistent with the revised massing drawings presented to City Council on
August 14, 2006. A substantial subdivision/PUD amendment review would be necessary
to substantially vary from the massing drawings presented to City Council on August 14,
2006. The width of the north-facing facades of the free-market residential units shall be
"' limited to 120 feet. The overall ridge height of the free-market, single-family residential
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structures shall le limited r to twenty-seven (27) feet above finished grade, and twenty(20)
percent of the width of the front facades shall be limited to a ridge height of twenty-two
(22)feet above finished grade. Non-reflective materials shall be used in the construction of
the proposed single-family residences.
Section 21:vested RjglLts
The development approvals granted herein shall be vested for a period of three(3)years from the
date of issuance of a development order.
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 vested property right,
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: 1001 Ute Avenue,
City and Townsite of Aspen, by Ordinance No. 24, Series of 2006, of the Aspen City
Council.
Section 22:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Section 23:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 24:
A public hearing on the ordinance shall be held on the 10th day of July, 2006, in the City
Council Chambers,Aspen City Hall,Aspen,Colorado, fifteen(15)days prior to which hearing
a public notice of the same shall be published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the le day of June,2006.
Helen K anderud,Mayor
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Attest: JANICE K VOS CAUDILL PITKIN COUNTY CO R 46.00 D 0.00
Kathryn S.Koc ity Clerk
FINALLY,adopted,passed and approved this 14th day of August, 006
00e
e nd,Mayor
Attest:
Kathryn S. I h,City Clerk
Approved as to form:
�,_,....John Worcester,City Attorney