HomeMy WebLinkAboutFile Documents.80 Williams Ranch Dr.0040-2020-BRES (7)CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE DECISION
JURISDICTION:
City of Aspen
APPLICABLE ORDINANCE:
Ordinance 59 (Series 1989)
EFFECTIVE DATE:
August 1, 2008
WRITTEN BY:
Jennifer Phelan, Deputy Director
APPROVED BY:
Chris Bendon,
Community Development Director
COPIES TO:
John Worcester, City Attorney
SUMMARY
This administrative decision is being issued in response to several inquiries that staff has
entertained with regard to the Williams Ranch subdivision (approved in 1994) and its
original approvals. In. sum:
The ordinance approving Williams Ranch subdivision (No. 52, series 2004)
regulates density, accessory dwelling units and height.
Ordinance No. 59 (Series of 1989) regulates dimensional standards such as
Minimum Setbacks and Floor Area.
New development is subject to regulations in the City of Aspen's Land Use Code
that are of general applicability.
PURPOSE
The purpose of this administrative decision is to interpret the ordinances and clarify the
dimensional requirements applicable to the Williams Ranch subdivision which is located
in the Affordable Housing (AH) zone district and has a Planned Unit Development
(PUD) overlay. This clarification is needed because the AH zone district standards have
changed overtime.
BACKGROUND
In 1989, Ordinance No. 59 (Series of 1989) (hereinafter "AH Ordinance") adopted an
Affordable Housing zone district (Exhibit B) as a new zone district to the City of Aspen's
land use code. Staff further researched subsequent ordinances to verify whether any later
code amendments affected the content of the AH Ordinance prior to the Williams Ranch
subdivision being approved. Three ordinances were found that amended the AH
Ordinance: Ordinance No. 22 (Series of 1992) amended the Floor Area allowance for a
9,000 square feet or greater lot, Ordinance No. 68 (Series of 1993) amended Conditional
Uses permitted in the zone district, and Ordinance No. 12 (Series of 1994) affected
Page I of
permitted uses and dimensional requirements (Exhibit C). Other than the AH Ordinance,
only the final ordinance noted affected the Williams Ranch subdivision.
Ordinance No. 52 (Series of 1994 ) is an ordinance that granted subdivision, Planned Unit
Development, GMQS Exemption and Vested Rights for the Williams Ranch Project
(Exhibit D). The approval allowed for the construction of thirty-five (35) deed restricted
affordable housing units (Williams Ranch subdivision) and fifteen (15) free-market lots
(Silverlode subdivision). A PUD is site specific and certain dimensional requirements are
permitted to be varied, although the underlying zone district dimensional standards are to
be used as a guide. Any approved dimensional variations are memorialized in the
ordinance approving the development. In the case of Ordinance No. 52 (hereinafter
"Williams Ranch Ordinance"), the following sections reference and memorialize certain
dimensional standards or requirements:
• Sub -section 1.11, "Pitkin County's definition for calculating height and
determining natural grade shall be used for this project."
• Sub -section 1.8., "Allother lots are subject to the 25 foot height limitation of the
City of Aspen, and are calculated using Pitkin County's definition for height."
• Spb-section 1.15, "No accessory dwelling units are permitted to be constructed in
any of the Williams Ranch residences."
• The overall ordinance approved thirty-five affordable housing units.
Since the passage of the Williams Ranch Ordinance, amendments to the AH zone district
have occurred. For instance, the AH zone district is now called the Affordable
Housing/Planned Unit Development (AH/PUD) zone district and the dimensional
requirements for the subject zone district are established through the adoption of a final
PUD. In the case of the Williams Ranch approval, only certain dimensional standards
were memorialized in the ordinance because the Affordable Housing zone district in 1994
had set dimensional standards.
DISCUSSION
It is staffs interpretation that the properties within the Williams Ranch subdivision may
utilize the Affordable Housing zone district regulations in effect at the time of their
approval inclusive of Ordinance No. 59 (Series of 1989) and Ordinance No. 12 (Series of
1994) unless the Williams Ranch Ordinance supersedes these requirements. However,
the subdivision's vested rights expired in 1997 and any contemporary regulations of the
land use code that affect development such as lighting, fencing, calculations and
measurements, and slope reduction are applicable to any new development in the
subdivision as these regulations are of general applicability. To exempt the subdivision
from any regulations of general applicability, the PUD must be amended by the City
Council. Staff has discussed this process with representatives of the homeowner's
association of the Williams Ranch subdisvion.
Two other areas with regard to the PUD should also be clarified. Although the underlying
zone district allows for a greater potential density than the thirty-five (35) affordable
housing units that exists, the Williams Ranch Ordinance restricts the subdivision to
Page 2 of 4
thirty-five units. An amendment to the PUD is required to increase the density. Another
area of clarification is with regard to the type of unit the affordable housing units are
considered and the resulting Floor Area scale to be used in calculating Floor Area. Each
dwelling unit is located upon an individual lot. As noted in Exhibit A, single-family
dwellings may have a zero (0) side yard setback. A number of dwelling units share a
common lot line and need to be considered either two single-family residences or a
duplex. Since each dwelling unit is located upon its own lot and can have a zero (0) side
yard setback, each affordable housing unit is considered a single-family (or detached
residence) for floor area calculations.
APPEAL OF DECISION
As with any administrative decision by the Community Development Director, an
applicant has the ability to appeal this decision to the Aspen City Council. This can be
done in conjunction with a land use request before City Council or as a separate agenda
item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
ATTACHMENTS
Exhibit A - Summary of Dimensional Standards
Exhibit B - Ordinance No. 59 (Series of 1989)
Exhibit C - Ordinance No. 12 (Series of 1994)
Exhibit D - Ordinance No. 52 (Series of 1994)
Page 3 of 4
Exhibit `A'
Summary of Dimensional Requirements:
Dimensional Standard
Requirement
Notes
Minimum Lot Size
3,000 sq. ft.
Ordinance No. 12 (Series of
1994). Based upon 'fathering'
lot eater than 27,000 s . ft.
Minimum Lot Area Per
3,000 sq. ft.
Ordinance No. 12 (Series of
Dwelling Unit
1994). Based upon `fathering'
lot eater than 27,000 s . ft.
Minimum Lot Width
30 feet
Ordinance No. 59 (Series of
1989
Minimum Front Yard
Principal Building: 10 feet
Ordinance No. 59 (Series of
Accessory Building: 15 feet
1989
Minimum Side Yard
0 ft. for each side yard with a
Ordinance No. 59 (Series of
total of 15 ft, for both side
1989)
yards. Minimum of 5' for
yards which are contiguous to
any other zone district other
than the affordable housing
zone district.
Minimum Rear Yard
Principal Building: 10 feet
Ordinance No. 59 (Series of
Accessory Building: 5 feet
1999
Maximum Height
25 feet
Ordinance No. 52 (Series of
1994). Measured per Pitkin
County code
Minimum distance between
5feet
Ordinance No. 59 (Series of
Buildings
1989
Floor Area
3,000-6,000 = 2,400 sq. ft. of
Ordinance No. 59 (Series of
floor area, plus 28 sq. ft. of
1989)
floor area for each additional
100 sq. ft. in lot area up to a
maximum of 3,240 sq. ft. of
floor area.
6,000-9,000=3,240,sq. ft. of
floor area, plus 14 sq. ft. of
floor area for each additional
100 sq. ft. in lot area up to a
maximum of 3,660 sq, ft. of
floor area.
Note: This is provided as a summary reference only and does not create a vested right. Please
refer to original ordinances for actual language. In the case of any discrepancies between the
summary and the ordinance language, the ordinance language prevails. Regulations may change
over time and affect the validity of this summary.
Page 4 of 4
E*N?B
ORDINANCE NO. 59
(SERIES OF 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24,
ARTICLE 5, DIVISION 2 OF THE ASPEN MUNICIPAL CODE TO CREATE A NEW
SECTION 5-208, AFFORDABLE HOUSING (AH) ZONE DISTRICT
WHEREAS, the Aspen City Council (hereinafter "the Council")
has received the recommendations of the Aspen Planning and Zoning
Commission with respect to amendments to the requirements for the
creation of an Affordable Housing (AH) zone district; and
WHEREAS, the Council recognizes that the Aspen Planning and
Zoning Commission has held a public hearing for the creation of
this zone district on March 28, June 13, July it and July 25,
1989; and
WHEREAS, the Council is aware that in order to accomplish
their affordable housing goals a zoning tool such as the
Affordable Housing zone is essential;
WHEREAS, the Council has held public work sessions on the
Affordable Housing zone on June 8 and August 14, 1989; and
WHEREAS, both the Council and the Planning and Zoning
Commission recognize the importance of affordable housing to
preserving the fabric of the Community; and
WHEREAS, in 1987, the draft Affordable Housing Production
Plan identifies a 250 unit affordable housing shortfall; and
WHEREAS, the Affordable Housing zone district is part of the
City's implementation strategy for the Affordable Housing
Production Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section i
That Article 5, Division 2 of the Aspen Land Use Regulations
be amended by the creation of a new Section 5-208, Affordable
Housing (AH) zone district which shall read as follows, and the
renumbering of all subsequent .sections in this Division
accordingly:
Sec. 5-208 Affordable Housing (AR)
A. NrOose The purpose of the Affordable Housing (AH)
Zone District is to provide for the use of land for the
production of low, moderate and middle income
affordable housing and Resident Occupied Units. The
zone district also permits a limited component of free
market units to off -set the cost of developing
affordable housing. It is contemplated that land may
also be subdivided in connection with a development
plan. The Affordable Housing (AH) Zone District is
intended for residential use primarily by permanent
residents of the Community. Recreational and
institutional uses customarily found in proximity to
residential uses are included as conditional uses.
Lands in the Affordable Housing (AH) Zone District
should be scattered throughout the City to ensure a mix
of housing types, including those which are affordable
by its working residents; at the same time the
Affordable Housing (AH) Zone District can protect the
City's neighborhoods from rezoning pressures that other
non -community oriented zone districts may produce.
Further, lands in the Affordable Housing (AH) Zone
District should be located within walking distance of
the center of the City, or on transit routes.
B. Permitted uses The following uses are permitted as of
right in the Affordable Housing (AH) Zone District.
1. Residential uses restricted to low, moderate and
middle income affordable housing guidelines and
resident occupied units must comprise at least 70
percent of the unit mix, of the development. Free
market development may comprise up to 30 percent
of the unit mix, and 40 percent of the bedroom mix
of the development. Residential uses may be
comprised of single-family, duplex and multi-
family dwelling units;
i. Home occupations; and
3. Accessory buildings and uses.
C, Conditional uses The following uses are permitted as
conditional uses in the Affordable Housing (AH) Zone
District, subject to the standards and procedures
established in Art. 7, Div. 3.
3
1. Open use recreation site;
2. Day care center;
3. Satellite dish antennae; and
4. Dormitory
D. Dimensional rem±irem nts The following dimensional
requirements shall apply to all permitted and condi-
tional uses in the Affordable Housing (AM) Zone
District.
1. Minimum lot size (sq.ft.): +,-0" 3,000
2. Minimum lot area per dwelling unit (sq.ft.):
Detached residential dwelling: 3,000
Duplex: 379OB-1,500
For multi -family dwellings on a lot of 27,000
sq. ft. or less or for lots of 43,560 s.f. or
less when approved by special review pursuant
to Art. 7, Div. 4, the following sq. £t.
requirements apply:
studio: 300
1 bedroom: 400
2 bedroom: Soo
3 bedroom: 1,200
Units with more than 3 bedrooms: one (1)
bedroom per 400 square feet of lot area.
For multi -family dwellings on a lot of more
4
than 27,000 sq. ft. (except when varied by
Special Review) the following sq. ft.
requirements apply:
studio: 1,000
1 bedroom: 1,250
2 bedroom: 2,100
3 bedroom: 3,630
Units with more than 3 bedrooms: one (3)
bedroom per 1,000 square feet of lot
area.
3.
Minimum lot width (ft.):-40 30
4.
Minimum front yard (ft,):
principal building: 10
accessory building: 15
5.
Minimum side yard (ft.): The minimum side
yard for
single-family and duplex dwellings is
o ft. for
each side yard; 15 ft. total minimum for
both side
yards. (Minimum side yard shall be 5'
for yards
which are continous to any zone district other
than Affordable Housing.)
The minimum side yard for multi -family
dwellings
shall be 5 feet.
6.
Minimum rear yard (ft.):
principal building: 10
accessory building: 5
7.
Maximum height (ft.): 25; increasable up
to 30' by
5
special review pursuant to Art. 7, Div.4.
8. Minimum distance between buildings on the lot
(ft.): 5
9. Percent of open space required for building site:
to be established by special review pursuant to
Art. 7, Div. 4; open space may be used for off-
street parking by special review, pursuant to
Art.7, Div. 4.
10. External floor area ratio (applies to conforming
and nonconforming lots of record).
DETACHED RESIDENTIAL DWELLINGS
Lot Size Allowable
fso,Ft.I SO
0- 3,000 SG 80 sq.ft. of floor area for
each 100 sq.ft. in lot area,
up to a maximum of t,-5" 2,400
sq.ft. of floor area.
3,000- 6,000 1.7-S40 2,400 sq.ft. of floor
area, plus 29 28 sq.ft. of
floor area for each additional
100 sq.ft. in lot area, up to
a maximum of 2-;49e 3,240
sq.ft. of floor area.
6
61000- 91000 2;Y06 3,240 sq.ft. Of floor
area, plus }e 14 sq.ft. of
floor area for each additional
100 sq. ft. in lot area, up to
a maximum of 2,-49A 3,660
sq.ft. of floor area.
9,000+ 3,-499 3,660 sq.ft, of floor
area.
g
Lot size Allowable
(SO.Ft ) _ 9O_Ft-
0- 3,000 60 90 sq.ft. of floor area for
each 100 sq.ft. in lot area,
UP to a maximum of 1-;e96 2,700
sq.ft. of floor area.
3,000- 6,000 .iT&69 2,700 sq.ft. of floor
area, plus 30 sq.ft. of floor
area for each additional 100
sq.ft. in lot area, up to a
maximum of 2,-7Be 3,600 sq.ft.
Of floor area.
6,000- 9,000 2-}e9 3,600 sq.ft. of floor
7
area, plus Be 16 sq.ft. of
floor area for each additional
100 sq.ft. in lot area, up to
a maximum of araee 4,080
sq.ft, of floor area.
9,000+ 3,-309 4,080 sq.ft. of floor
area.
MULTI -FAMILY
Allowable
Lot Size SO Ft
0- 27,000 s.f 1.1:1
27,001 s.f- 43,560 s.f .36:1, increasable to 1:1
by special review,
pursuant to Art. 7,
Div. 4.
43,561 s.f-
3
acres
.36:1
> 3 acres-
6
acres
.33:1
> 6 acres-
9
acres
.30:1
> 9 acres-
18
acres
.27:1
>18 acres
.24:1
11. Internal floor area ratio: no requirement
8
E. Off-street narking requirement The following off-
street parking spaces shall be provided for each use in
the Affordable Housing (AH) Zone District.
1. Residential uses: established by special review
pursuant to Art. 7, Div. 4. The maximum number of
parking spaces required shall not exceed i
space/bedroom or 2 spaces/dwelling unit whichever
is less.
2. All other:. N/A.
Section 2 Article 8,8-104 (C)(1) Growth Management Quota
Systems Exemptions by City Council of Chapter 24
of the Municipal Code of the Citv of AsnPn_
Colorado, are hereby amended to read as follows:
"8-104 (C)(1)(e) Affordable H using ZODA District
The development of no more than fourteen (14) free
market dwelling units for entire City in one
calendar year.
Section 3.
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.
9
Section 4.
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date- of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5.
A public hearing on the ordinance shall be held on the
day of ((L�-t�-a-� , 1989, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRO➢UCED, READ AND ORDERED PUBLISHED as provided by law by
the city council of the City of Aspen on the 1/1144)u day of
u) , 1989.
William L. Stir ing, Mayor
ATTB T:
171
Kathryn SIJ Koch, City Clerk
FFINALLY, adopted, passed and approved this , %FF day
of /J�U'✓-.K�-f-'�-� , 1989. / J�
William L. Stirling, Mayor'
A ST:
y9
Kathryn Koch, City Clerk
ah.zone.ord.cc.1st.read2
10
ORDINANCE NO. 12
(SERIES OF 1994
Y
AN ORDINANCE OF THE CITY COUNCIL OF ASPEN,THE CITY OF EY AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATI0N8
SECTION 24-5-206.2 TO REDUCE THE MINIMUM LOT SIZE FOR SINGLE-
FAMILY N AND
LESSTHAN SQUARE FEET 1,500 E N THE
FEET PER DWELLING
UNITOAFFORDABLE
HOUSING ZONE DISTRICT.
WHEREAS, Section 24-7-1109 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, 1'Land Use
Regulations", shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoning Commission
at public hearing, and then approved, approved with conditions, or
disapproved by the City Council at public hearing; and
WHEREAS, the Planning Director did receive from the Aspen
Pitkin County Housing Authority ("Applicant") and has reviewed and
recommended for approval a text amendment to Chapter 24 associated
with the development of affordable housing; and
WHEREAS, the Planning and Zoning Commission reviewed the
proposal and did conduct a public hearing thereon on March 1, 1994;
and
WHEREAS, upon review and consideration of the text amendment,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
Commission has recommended approval of the text amendment
recommended by the Planning Director pursuant to procedure, as
authorized by Section 24-6-205 (A)(5) of the Municipal Code; and
{ WHEREAS, the Aspen City Council has reviewed and considered
1
ift the text amendment under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City council finds that the text amendment meets
or exceeds all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this ordinance furthers
and is necessary for public health, safety, and welfare; and
WHEREAS, the City Council finds that the proposed text
amendment will allow and promote better site design, encourage
small, family -oriented affordable housing, promote housing_
proposals that reflect surrounding neighborhood characteristicsand
will be consistent with the public welfare and the purposes .and
intent of Chapter 24 of the Municipal Code.
NOW THEREFORE HE IT ORDAINED DY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
section 1•
Pursuant •to section 24-7-1102 of the Municipal Code, the City
council finds as follows in regard to the text amendment:
1. The proposed text amendments as set forth are not in conflict
with the provisions of Chapter 24 of the Municipal code or the
Aspen Area Community Plan.
2. The proposed text amendments will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Municipal Code.
3. The proposed text amendment will promote the public interest
and character of the City of Aspen.
VV2
section 2:
Section 5-206.2 of Chapter 24 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended, which new text shall read as
follows:
B. Permitted uses. The following uses are permitted as
of right in the Affordable Housing (Ali) zone district.
1. Residential uses restricted to the
affordable housing income and category
guidelines, as defined by the
Aspen/Pitkin County Housing Authority and
adopted by Council in effect at the time
of approval, and resident occupied units,
as defined by the Aspen/Pitkin County
Housing Authority and adopted by council
in effect at the time of approval, must
comprise at least seventy (7o) percent of
the unit mix, of the development. Free
market development may comprise up to
thirty (30) percent of the unit mix, and
forty (40) percent of the bedroom mix of
the development. Residential uses may be
comprised of single-family, duplex and
multi -family dwelling units;
The following changes are proposed for Section 24-5-206.2 D.:
D. Dimensional requirements. The following dimensional
requirements shall apply to all permitted and conditional
uses in the Affordable Housing (AM) zone district.
1. Minimum lot size (square feet) on a lot of 27,000
square feet or less: 1,500
2. Minimum lot size (square feet) on a lot greater than
27,000 square feet: 3,000
3. Minimum lot area per dwelling unit (square feet):
Detached and duplex residential
dwelling on a lot of 27,000 square
feet or less: 1,500
Detached and duplex residential dwelling on a
lot greater than 27,000 square feet:
Detached residential dwelling: 3,000
Duplex: 1,500
3
Section 3:
This Ordinance shall not effect 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 4•
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 5•
A, public hearing on the Ordinance shall be held on thea-5 day of
/_�iJ,c,.,_P., 1994 at 5:00 in the City Council Chambers, Aspen City
all, 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.
0z,. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the city of Aspen on the c day of
1994.
John Bennett, MAYor
es
Hathryn Eoch, city Clerk
FI
NALLY,
adopted, passed and approved this �� day of
1994. �1 -"
�7
John 8 nett, MaYor
Att st:
Kathryn V Koch, City Clerk
379604 B-775 P-822 03/09/95 02:03P PG 1 OF 11 REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 55.00
ORDINANCE NO.j.Z
(SERIES OF 1994)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL REVIEW
FOR SUBDIVISION, PUD, GMQS EXEMPTION,
AND VESTED RIGHTS FOR THE WILLIAMS RANCH PROJECT TO CONSTRUCT'
35 DEED RESTRICTED AFFORDABLE HOUSING UNITS AND
15 FREE MARKET LOT ON A PARCEL LOCATED IN SECTION 7,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PH
WHEREAS, the Smuggler Consolidated Mines Corporation
("Applicant^), represented by TOM Stevens and Gary Wright,
submitted an application to the Planning Office requesting approval
of the Williams Ranch development which consists of 35 deed
restricted affordable housing units, 15 free market lots, Planned
Unit Development, Subdivision, Rezoning, GMQS Exemption,
Annexation, 8040 Greenline Review, and Special Review; and
WHEREAS, the Williams Ranch property is located immediately
adjacent to the City of Aspen in the AF-1 zone district of Pitkin
County; and
WHEREAS, the Applicant did file on December 12, 1991 with the
city Clerk of the City of Aspen a Petition for Annexation to annex
the subject property to the City of Aspen, and
WHEREAS, on January 13, 1992, City Council did adopt
Resolution No. 4, Series of 1992, finding substantial compliance
with Section 31-12-107(1), C.R.S.; and
WHEREAS, the City Council, by Resolution No. 12, Series of
1992, at its regular meeting on March 23, 1994, did find and
determine, following a public hearing, said Petition for Annexation
to be in substantial compliance with _31-12-104 and 31-12-105,
C.R.S, and
379604 5-775 P-823 03/09/95 02:03P PG 2 OF 11 _
WHEREAS, the Applicant and the City of Aspen have consented
- to that certain Annexation Agreement dated
1994; and
WHEREAS, the Planning and Zoning Commission considered the
Applicant's request at a public hearing on September 13, 1994, at
which time the Commission recommended approval to City Council for
the Subdivision, Rezoning, POD, GMQS Exemption, and Annexation.
The Commission also granted 8040 Greenline review and Special
Review for parking and open space, subject to conditions in
Planning and Zoning Commission Resolution 94-_;
and
WHEREAS, the Commission voted 4-0 to recommend approval of
this project to City council; and
WHEREAS, pursuant to Section 24-7-1004 Subdivision, Section
24-7-901 Planned Unit Development, and Section 24-8-104 GMQS
Exemption, City Council may approve the Applicant's request; and
WHEREAS, City Council considered the Applicant's request at
a duly noticed public hearing on November 14, 1994 at which time
Council determined that this project complies with the applicable
requirements of the Municipal Code; and
WHEREAS, City Council has found that a multi -year development
allotment for one free market unit pursuant to section 24-8-103(D)
is appropriate to accommodate this project; and
WHEREAS, the approvals granted herein are specifically
conditioned upon City Council approval of said petition for
Annexation by Ordinance duly adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
{ 2
379604 B-775 P-824 03/09/95 02:03P PP, 3 OF 11
Section 1e Pursuant to Section 24-7-1004 Subdivision, Section 24-
7-901 Planned Unit Development, and Section 24-8-104 GMQS
Exemption, City Council does hereby approve the applicant's request
subject to the terms and conditions of said Annexation Agreement
and upon adoption by the City Councilof an Annexation ordinance
annexing the subject property to the City of Aspen; and subject
further to the following conditions:
1. The Zoning Enforcement officer has recommended the following
conditions of approval that shall be adhered to by the
applicant:
a. Building envelopes on the free market lots shall contain
all development and disturbance proposed for those lots.
Natural vegetation shall be maintained outside the
designated building envelopes. This condition shall be
noted on the Final Plat.
b. No development shall be permitted to encroach into any
easement areas identified on the Final Plat. This
condition shall be noted on the Final Plat.
C. Prior to the development of each lot, a separate
topographical and boundary survey with corner monuments
shall be prepared by a registered land surveyor and
submitted with the building permit.
d. The free market units shall provide one parking space
per bedroom.
e. Allowed floor area square footages shall be based on the
lot areas identified on the Final Plat.
f. Pitkin County's definition for calculating height and
determining natural grade shall be used for this project.
g. Lots 3 - 15 have received a PUD variance for the front
yard that addresses the requirement of Section 24-3-101
Yard (A)(5), which permits driveways or cut slabs greater
than 3D inches below grade within the required yards'.
h. All heights and FAR calculations shall be verified when
3
3756�n4 B-775 P-825 03/09/95 02%03P PG A OF 11
working drawings are submitted to the Building Department
for building permit review. The drawings included in the
application packet .do not contain adequate detail for
this level of review.
2. The applicant shall comply with the following conditions
regarding pedestrian areas:
a, The Final Plat shall identify pedestrian easements on all
lots that are adjacent to roads.
b. Hard surface pedestrian walking areas shall be placed on
one side of all roads within the subdivision and along
one side of the
main
ntaaccin ess
road across Mollie Gibson
park to smuggler
ian
l be
c All hard maintained Sint aCesuitable r walking walking
hdition na year
round basis.
d. The Covenants and approvals shall specify whether the
Homeowner's Associations or individual property owners
are responsible for snow removal and maintenance of these
walkways.
3. The applicant shall complete an ACSD Collection System
agreement, and shall comply with ACSD Rules, Regulations, and
Specifications, prior to the issuance of any building permits.
4 Health lDepartment, shall be adher d to by thee Environmental
The folowing conditions of aproval from applicant:
a. The applicant shall adhere to the fugitive dust control
plan filed in the Environmental Health Department.
b. The applicant shall file a fireplace/woodstove permit for
each structure with the Environmental Health Department,
prior to the issuance of any building p
C. Construction hours shall be limited to 7:00am to 10:DOpm
to minimize construction noise on neighboring properties.
5. The applicant shall comply with the following conditions as
they relate to the Housing Office:
a. The applicant may choose the first time purchasers of the
affordable housing units, as long as each purchaser
comnes
plies with the each purchaser has /been approved by pitKin uthegAPCHAeli
and .
b. All resale affordable housing units shall come under the
jurisdiction of the APCHA and its guidelines.
4
379604 8-775 P-826 03/09/95 02:03P PG 5 OF 11
C. The Master Deed Restriction shall be filed and approved
by the Housing Office within 180 days of City Council
approval of the project.
d. Ten of the Resident occupied "RO" units shall comply with
the RO requirement for the City Of Aspen in the 1994
Aspen/Pitkin County Housing office 1994 Affordable
Housing Guidelines. The remaining five RO units shall
meet all the requirements of the Housing Guidelines,
except there will be no asset or income limitations for
these residents.
6.
The turnaround at the intersection of Freesilver Road and
Williams Ranch Drive shall be redesigned subject to approval
of the City Engineer and the Fire Chief. Alternately, the
applicant shall install residential sprinkler systems in all
residential units.
7.
Lots I - 15 Shall havearesidential sprinkler
installed and these shall be indicated onthebuilding permit
drawings.
8.
Development on Let 15 is limited to eighteen feet in height
(plus five feet to the mid -point), as calculated by Pitkin
County's Land Use Code. All other lots are subject to the 25
foot height limitation of the City of Aspen, and are
.`
calculated using Pitkin County's definition for height.
9.
The water pump serving the upper lots shall have adequate
for
records of pump maintenance and servicing available
inspection by the Fire Marshall.
10.
The emergency access road shall be a minimum of 20 feet wide
and maintained in a passable condition on a year round basis.
The improvements agreement, declarations, and covenants shall
specify that snow removal will be provided by the Homeowner's
Associations for the emergency access road.
11.
The allowable floor area for the free market parcels shall not
exceed 90% of what is permitted in the AH zone district. If
the proposed floor area for any free market parcel is over 80%
of the permitted floor area for the AH zone district, then a
complete 8040 Greenline Review by the Planning and Zoning
Commission shall be required prior to the issuance of any
building permits for that lot. In the 8040 Greenline Review
process, particular attention shall be focussed ion
requirements 7 and 8, which provide for the preservation . of
the mountain as a scenic resource and design to blend into the
open character of the mountain.
12.
Lots 1 - 15 shall .have an engineer evaluate the site
5
379604 B-775 P-827 08/09/95 02:03P PO 6 OF 11
conditions to recommend foundation design, prior to building
permit review on each parcel.
13. A licensed engineer shall submit a report addressing rtto
foundation design for the affordable housing
the issuance of any building permits.
34. As discussed in the referral comments
dated applicantust shall comply
from the Engineering Department
with the following:
to rovideor
a. The free market units shall be rert red
the issuancefof
on -site stormwaateeetention, prior
any building pits
ebris
ceptor shall
bSoil erosion
controls indicated the Final Platddrawings. c
benconstruction
drawings for each phase of work shall be designed by a
licensed engineer and indicate appropriate runoff control
measures. The plans shall be submitted and approved by
the Engineering Department, prior to any earthmoving
activities-
C. The applicant shall dedicate public right-of-waro or an
easement for spruce street along the north p P y
boundary on Lots 1 - 4 and provide a seven foot easement
for snow storage along these lots.
' d, All access roads shall be a minimum of 20 foot driving
width.. This also applies to the "driveway" called
Williams court -
a. The "grass over paver blocks" or similar system for the
emergency, access lane off Spruce Street shall be designed
and engineered to handle emergency response vehicle
loads. This plan shall be reviewed and approved by the
Fire Marshall, prior to the issuance of any building
permits.
f. The applicant shall submit construction drawings and
specifications, stamped by a registered eng i ee , and
any
obtain written permission from Engineering P r to a e
road work, utility construction, or grading) 9
construction.
g, Prior to signing the Final Plat, the applicant shall
submit a letter by aregistered engineer stating that the
road designs meet the requirements of Section 24-7-
1004(C)(4)(a)(10) and (13).
h. The Final Plat shall indicate a 20 mph speed limit signs
Ak to be installed by the applicant as identified in the
6
379604 D-775 p-Sas Qi3/09/95 e2ee3P PG 7 OF 11
Traffic Report.
IPJ.
In addition to the required 100 foot diameter turnaround
for the intersection of Freesilver Road and Williams
Ranch Drive, a seven foot buffer shall be designed
outside this turnaround that will be for drainage, snow
storage space plus a five foot pedestrian path. This
shall be identified on the Final Plat.
j.
An easement for the snow storage areas within the
development shall be indicated on the Final Plat.
k.
The applicant shall provide three single globe antique
street lights for this project, one at the intersection
of Williams Drive and Teal Court, one at the
intersection/turnaround of Williams Ranch Drive and
Freesilver Road, and one at the intersection of Williams
Ranch Drive and Freesilver Road. Intermediate, low level
street lighting shall be provided between intersections.
Design, style and location of these lights shall :be
approved by the City Engineer.
1.
All utilities, except natural gas, shall be stubbed out
to the property lines prior to paving the access roads.
M.
Any property monuments removed or disturbed during
construction (including landscaping) shall be reset by
•
a land surveyor.
n.
Prior to Final Plat approval, property corner monuments
shall be set on the external boundaries of the
subdivision.
o.
The Final Plat and subdivision agreement shall include
a note specifying that trash storage and recycle areas
will be located on private property and not within access
and utility easements.
p.
The Final Plat must meet the requirements of Section 24-
7-1004(D) of the Municipal Code. The Plat shall also
include certificates of plat approval for utility
location and easement width by all utility companies and
approval by all easement holders on the property.
q.
The "Final Plat" will consist of all boundary,
certificate, site, engineering, and architectural
drawings approved by the City. All sheets containing
engineered drawings must be stamped by a registered
engineer.
r. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of
7
379604
5-775 P-829 03/09/95 02103P PC, 8 OF 11
constructing improvements in the adjacent Smuggler area
`.
public rights -of -way. '
s. The applicant shall consult city engineering (920-5080)
development within public
for design considerations of
-way, department (920-5120) for vegetation
rights -of parks workor
shall obtain permits for any
Species, and public rig
development, including landscaping,
withinof-way
(920-5130).
from the city street department
t. Guest parking areas shall be delineated on the Final Plat
shall be redesigned to
and all pull in parking spaces
the requirements of the municipal code.
comply with
15.
elling units are permitted to be constructed
NccessoW
n athe Williams Ranch residences.
16•
referrts
comply ith dated
As stated the Parksthe
rthe Department
September 7�, 1994P, pl cant shall
following:
a. The applicant shall obtain an easement from the ditch
along salvation Ditch.
owners for the proposed trail
Specific information regarding trail standards and
t
public ea ement•The
includedmaterials shall be
ae application.
applicant should dedicate this as
b. Prior to the issuance of any building permits, the
that
applicant shall submit a detailed landscape plan
inches in diameter and over.
identifies trees six
Landscaping in any right-of-way should also be included
on the landscape plan. The Parks Department will review
be with
and approve the final landscape plan to recorded
the Final Plat documents.
The applicant. shall comply with Ordinance 37 Series of
c.
1991 as it relates to irrigation methods.
17.
The applicant shall pay the $157,360 park development impact
building permits, unless the
fee prior to the issuance of any
applicant provides a cost breakdown of the park improvements
as specified Section 24-5-608.
18.
The Final Plans shall indicate a small ditch water feature
Ditch alignment to maintain the historic
along the Salvation
character of this area.
19.
The applicant shall provide a Final Plat and Subdivision
to theo nail
C ty Atts
Improvement Agreement, satisfactory
office, detailing
theproposed
Engineer and Planning
public improvements within 180 days of city Council
in
review. The guarantee of these improvements shall be place
8
379604 B-775 P-830 03/09/95 02e03P PH 9 OF 11
before the issuance of any building permits. All public
improvements shall be completed, in place and accepted by the
appropriate agency before issuance of any Certificate of
Occupancy's.
20. The applicant shall explore restricting residential
development on the remaining 30 acres in Pitkin County, with
the exception of a night watchman's quarters, not to exceed
1,500 square feet in floor area.
21. The city Engineer shall pursue a text amendment to allow
variations of subdivision design standards as set forth in
Section 24-7-1004(C)(4) of the Aspen Municipal Code.
22. Only Lot 5 shall have access via spruce Street.
23. Prior to the commencement of any construction activities on
this property, the applicant shall receive final Annexation
and Rezoning approvals from the City of Aspen.
24, The applicant shall comply with the recommendations made by
Bruce Collins in his geologic report dated January 19, 1994.
25. All material representations made by the applicant in the
application and public meetings shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
1
26. The applicant shall grant a Public Recreation Easement to the
City of Aspen for the open space parcel adjacent to Salvation
Ditch.
27. The applicant agrees not to seek any variances to the 25-foot
height limit for structures, as based upon the Pitkin County
regulation pertaining to the measurement of building heights.
section 2: Pursuant to Section 24-6-207 of the Aspen Municipal
Code, City Council does hereby grant the Applicant vested rights
for the Williams Ranch Subdivision site development plan as
follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three :(3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
9
379604 8-775 P-831 03/09/95 02:03P PG 10 OF 11
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2 The 8 judicial review.
granted hereby vihall be subject to all rights of
referendum
3. Nothing in the approvals provided by this Ordinance shall
exempt the site specific development plan from subsequent
reviews and/or approvals required by this ordinance or the
general rules, do snces of thCity not inconsistent with
that each reviewsws or or approvals are
approval granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or to gulawhich
allt ions properties
are general in nature and are applicable
subject to land use regulation by the City of Aspen,
including
but not limited to, building, fire, plumbing,
elecmechanical codes. In this regard, as a condition of this site
development approval, the developer shalelectrical and anmechanical
and all
such building, fire, plumbing,
codes, unless an exemption therefrom is granted in writing.
Section 3: The City Clerk shall cause notice of this ordinance to
-"W be published in a newspaper of general circulation within ,the city
of Aspen, no later than fourteen (14) days following final adoption
hereof, such notice shall be given 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 pursuant to Title 24, Article 68,
Colorado Revised statutes, pertaining to the following
described property:
The property shall be described in the notice and appended to said
notice.
section 4: This ordinance shall not become effective unless and
until the city Council approves the Petition for Annexation by duly
enacted ordinance annexing the subject property to the City of
10
379604 B-775 P-a32 03/09/95 02:03P PS 11 OF 1.1
Aspen.
Section 5: A public hearing on the ordinance shall be held on the
day of , 1994 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days
prior to the hearing a public notice of the hearing 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 ' day of O ;.l .
1994.
Y
Joh ,Bennett, Mayor
OF
ATTEST:�Pf
PINALLY, adopted, passed and approved this day of
1994.
John Bennett, Mayor -
11