HomeMy WebLinkAboutcoa.lu.ca.PUD Ord 52-1999
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MEMORANDUM
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TO:
Mayor and City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney f'
Julie Ann Woods, Community Development Director .'
Joyce Ohlson, Deputy Director
Christopher Bendon, Planner ~
Code Amendment - Planned Unit Development
Second Reading of Ordinance No. 52, Series of 1999 - Public Hearing ~
December 6, 1999 . t1A~~/1fJJ
SUMMARY: q r
The City of Aspen recently revised the regulations for Planned Unit Development
(PUD) reviews. This is the most flexible land use tool the City has and the one used
for the majority of large projects. The regulations allow all properties of more than
27,000 square feet (one half block) to go through this process. In addition, any
property within a zone district which either requires or allows dimensions to be
established through a PUD may also go through this process. These zone districts are
Affordable Housing, Lodge Preservation, Public, and Park.
FROM:
RE:
DATE:
However, there are parcels in town where there may be a significant public benefit to
be gained by allowing the project to be considered through the PUD process and
which do not fall into one of these PUD categories. In fact, one such property has
recently come to the attention of City officials: the Community Banks parcel and the
area directly east of the building. This vacant area could well be used to promote the
goals expressed in the AACP, but does not currently have the ability to be reviewed
as a PUD due to the property size. This is only one example of small, infill
opportunities that may exist throughout town.
This code amendment proposes that the flexibility ofPUD be extended to thes.e
smaller properties if, prior to the process being initiated, it is determined that the PUD
process would best serve the interests of the community. This caveat will ensure that
the Community Development Department is not inundated with PUD requests.
The Planning and Zoning Commission reviewed this code amendment and
recommellded approval by a four to zero vote. Subsequent to the Commission's
review, staff has amended the recommendation so that the provision is extended to
multi-family residential (as opposed to all residential such as single-family lots) that
furthers the goals of the AACP (as opposed to one or more goals of the AACP).
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Staff recommends ciry Council adopt Ordinance No. 52, Series of 1999.
ApPLICANT:
Community Development Department, City of Aspen.
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REVIEW PROCEDURE:
Text Amendment. The Planning and Zoning Commission shall consider the
application at a public hearing and recommend approval, approval with conditions, or
denial to City Council. City Council shall approve, approve with conditions, or deny
the code amendment at a public hearing.
STAFF COMMENTS:
Under this proposed system, a developer would first bring an idea to the Community
Development Department to gain staff input. The goals of the AACP could be
discussed and the project could be allowed to proceed under the PUD regulations if
there existed the opportunity to further the community goals stated in the AACP. This
determination would be made py the Community Development Director. At that
point, an application could be submitted under the PUD standards, subject to the full
revIew.
If the Community Development Director did not foresee a furthering of community
goals by virtue of the extended process, the property owner could either develop
according to current zoning or appeal the decision to the Planning and Zoning
Commission.
It should be noted that the City Planning Department will be proposing code
amendments to create an Infill Program encouraging greater densities and increased
development downtown as part ofthe 2000 Community Development Department
Work Program. Staffs preference for this Infill Program is to closely define the
parameters of acceptable development rather than allowing each project to be
reviewed under a PUD. Once an Infill Program is defined, projects may come
forward as either "by-right" projects or with lesser review requirements. In this
manner, the development parameters may be intimately reviewed once rather than
with each project - saving significant amounts of staff time and providing a more
predictable outcome for applicants. An Infill Program, however, will not be initiated
until the Spring of 2000 and may take 6 months to gain adoption. This PUD code
amendment would allow projects to go forward on an individual basis and may also
serve as good test cases for a broader program.
Staff s evaluation ofthe proposed text amendment against the criteria set forth in
Section 26.310.040 is attached as Exhibit A.
RECOMMENDATION:
Staff recommends City Council adopt Ordinance No. 52, Series of 1999.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 52, Series of 1999."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manage~
John Worcester, City Attorney' ~../I
Julie Ann Woods, Community Develo ment Director or ~ )
Joyce Ohlson, Deputy Director.
Christopher Bendon, Planner ~
Land Use Code Amendments - Planned Unit Development (PUD)
Second Reading of Ordinance No. 35, Series of 1999.
Public Hearing.
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FROM:
RE:
DATE:
September 13, 1999
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SUMMARY:
As a component of the Lodge Preservation Program, staff was directed to incorporate
a "Minor PUD" process into the land use code to provide LP lodges with additional
zoning flexibility. Inevitably, staff reviewed and amended the entire PUD section,
creating additional flexibility for property owners and more directed review criteria
for the City's review Boards.
It is important to note that the PUD section, and this re-write, affects not only
the LP properties, but all projects being reviewed under the Planned Unit
Development process. This includes the majority oflarge land use cases reviewed
by the City such as affordable housing projects, municipal projects, and large
subdivisions. The Minor PUD provision, however, would only apply to LP
Properties, as requested by the Commission.
Council should be particularly aware of proposed Section 26.445.050 Review
Standards. These standards begin on page 6 of the proposed PUD language. This
section defines the criteria staff and the Boards will use to evaluate and ultimately
judge projects. Council members should each be satisfied with the adequacy of these
criteria in addressing the range of issues typically related to significant projects.
The "Main Issues" section of this memo suggests a framework for staff s
presentation. Following each topic is a question for the Council, a discussion of the
relevant issues, and a summary of the Planning and Zoning Commission's opinion on
the topic. One important element of this re-write that staff would like to discuss with
City Council is the issue of varying allowable density through the PUD process.
Also, attached are two letters received by the Community Development Department
concerning this Ordinance.
Staff recommends City Council adopt Ordinance No. 35, Series of 1999.
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MAIN ISSUES:
Following are topics for discussion posed as questions for the Council to consider. At
Council's option, staff would like to use this as a framework for the decision making
process. The Commission went through a similar exercise and their responses are
noted.
Floor Area:
Should the PUD be amended to allow all dimensions, including FAR, to be
determined through this review? PUD's for most municipalities allow for all
aspects of the underlying zoning to be varied. Aspen's PUD allows for
dimensional requirements to be varied with the exception of land use, FAR, and
density. The proposed PUD allows for the Floor Area Ratio (FAR) to be
established through this process.
The Commission determined that FAR should be part of the dimensions
established through the PUD process. The Commission felt that the criteria for
evaluating the project in general would be sufficient for judging a requested FAR
and either accepting the proposal or requesting changes to the plan.
Density:
Should the maximum density allowed on the fathering parcel be varied?
Currently, while the lot sizes can be changed, the aggregate density must not
exceed that allowed for the entire parcel in the underlying zoning. In other words,
if the underlying zoning allows 50 units, those 50 units could be clustered but
there could be no more than 50 units.
The Commission considered this density provision at length. Some members of
the P &Z felt that varying density may be advantageous for smaller in-fill sites,
especially considering the more current land use philosophies oflocating density
within townsite areas. Other members, however, felt the ability to vary density
could raise the expectations of developers, putting staff and review Boards in an
awkward situation. The P&Z ultimately decided to recommend the aggregate
density language remain in the PUD code.
Staff believes the proposed PUD provisions could adequately address the
appropriateness of a proposed density. The fact that density is "on the table" does
not automatically render an increase in density appropriate. However, if a project
adequately addresses the impacts of increased density and the decision making
bodies believe there would be a significant community of interest served, an
increase in density could be very beneficial.
The proposed Ordinance includes the ability to increase density. Staff has
added some language in the criteria to ensure an increase in density serves a
community interest.
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Land Uses:
Should there be the ability to vary allowed land uses through this process?
Should the SPA provisions (which allow use variation) be phased out?
The Commission had two primary concerns on this topic: 1) Possibly all PUD's
coming forward would be requesting changes to the allowed land uses; and, 2) the
current additional "hoop" of the SPA process adequately represents the magnitude
of altering allowed uses. The Commission did feel that including use variations in
the PUD section could be considered at a later date but did not want to include it
in the current amendments.
Staff concurs. The "hoop" of varying the underlying allowed uses is currently
available and sufficient to address its purpose. The question regarding how
difficult the hoop should be and where it should exist in the land use code should
be addressed in consideration of the overall land use code changes. Staff does
not recommend the inclusion of nse variation in the proposed PUD. Staff will
be proposing additional substantive amendments, such as this, in the future.
Applicability:
Should the Minor PUD apply only to LP Zoned properties? Should the Minor
PUD be extended to Affordable Housing projects? Should the Minor PUD be
extended to all small parcels? Is the 27,000 square foot parcel size appropriate or
should it be reduced?
The Commission also considered this topic at length. The Commission
determined that there could be merit in extending the Minor PUD process to
Affordable Housing projects. However, the majority of AH projects are already
reviewed under the PUD provisions and can consolidate Conceptual and Pinal
reviews if the Planning Director determines the range of issues can still be
adequately addressed. And, a consolidated application would essentially be a
Minor PUD.
The Commission felt that extending the PUD flexibility to all parcels would
represent a bigger step than warranted. While the concept of allowing greater
amounts of development within the Commercial Core and surrounding areas of
town has merit, a specific plan demonstrating the goals, objectives, and acceptable
parameters of greater downtown development should be adopted prior to "opening
the door." Moreover, the Boards will gain experience in reviewing small lot
PUD's with the extension to the LP Zoned properties. This experience could then
benefit the discussion offurther extending small lot PUD's to other types ofland
uses.
The Commission decided to extend the Minor process only to LP Zoned
properties and review the appropriateness of a further extension at a later date.
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A
Criteria:
Staff has proposed many different criteria to review PUD projects. Are these
criteria appropriate? Do they pursue the tangible aspects of development of
concern to the community?
Keep in mind that nearly all significant projects will be reviewed under these
criteria. Compare the existing standards, starting on page 4 of Exhibit B to the
proposed criteria, starting on page 7 of the Ordinance. Council members may
wish to add, amend, or delete criteria. Suggestions to staff may range from
general aspects of development to specific wording of the criteria.
The Commission reviewed these criteria and made modifications to the Ordinance
under the Council's consideration. The Commission did request additional
importance be placed on drainage capabilities of a proposed project and of the
immediate area. Also noted by the Commission was the importance of
considering the character of surrounding development in reviewing the
architecture, site plan, and dimensional requirements of a proposal.
Amendments:
Should there be an amendment process to address requests to amend a PUD but
which does not qualify as an administrative amendment?
Currently, insubstantial amendments to a PUD may be approved by the
Community Development Director as long as the amendment does not exceed a
series of limiting thresholds. There are ocqasional requests to amend a PUD
generally consistent with the original approval but in excess ofthe thresholds
available to the Director. These amendments then must proceed through the full
review - typically representing three months of processing time due to public
hearings.
Staff has suggested language allowing these types of amendments to be decided
by the P&Z at a public hearing. Appeals of these decisions could then proceed to
City Council if requested by the applicant. This approach could reduce the review
time to approximately six weeks while maintaining the public noticing
requirement - a procedural element important to the community.
The Commission considered this amendment process as a reasonable approach for
PUD amendments consistent with, or an enhancement of, the original approval.
ApPLICANT:
Community Development Department.
PREVIOUS ACTION:
At ajoint work session between the Commission and City Council regarding Lodge
Preservation, staff was directed to proposed amendments to the Planned Unit
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Development provisions of the land use code. Specifically, the request was to extend
the flexibility ofPUDto LP Zone properties.
The Commission considered this code amendment during a public hearing on June 8'
July 20, and August 3,1999, and recommended approval to City Council by a 6-1
vote.
City Council passed this Ordinance upon first reading, August 23, 1999.
REVIEW PROCEDURE:
Code Amendment. The Commission shall recommend approval, approval with
conditions, or denial to the City Council during a public hearing, The City Council
shall approve, approve with conditions, or deny the amendment during a public
hearing. Adoption is by Ordinance.
RECOMMENDATION:
Staffrecommends City Council adopt the revisions to the Planned Unit Development
(PUD) provisions of the Land Use Code, including the Minor PUD process for LP
Properties.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 35, Series of 1999, upon second reading."
ATTACHMENTS:
Proposed Ordinance with proposed code language
Exhibit A - Staff comments.
Exhibit B - Existing PUD provisions.
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Exhibit A
PUD
STAFF COMMENTS: Text Amendment
Section 26.310.020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding:
The Planned Unit Development process provides a means of reviewing development and its
consistency with: l)The land on which the development is proposed; 2) surrounding land and the
development it sustains; 3) the community character; 4) adopted community-wide and specific
plans; and, 5) the relevant concerns of the general public, elected and. appointed officials, and the
various departments, agencies, and districts of the City, County, State, and Federal Government.
The PUD process is intended to ensure compatibility with t!1e all portions of this Title.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the Planned Unit Development provisions are supported by the
AACP. Issues related to the AACP for various development have been incorporated into the
review criteria of the new section. The process involves a significant amount of input from public
officials, surrounding property owners, and elected and appointed decision-making Boards. The
process also incorporates an iteration to allow a developer the opportunity to amend the proposed
development plans in response to issues and concerns raised in the review.
Staff believes the PUD process, itself, is supported by the AACP. In addition, the process allows
for the evaluation of a specific development proposal against the AACP.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding:
This standard roughly applies. The land which currently is design.ated with a PUD Overlay on
the Official Zone District Map will continue to be regulated by the adopted PUD Plan for that
property. There are a few parcels of land zoned with a PUD Overlay which do not have a
corresponding adoptedPUD Plan. For these lands, the general provisions section, 26.445.040,
will apply. This section regulates the use and development of those lands in the same manner as
the current provisions ofPUD and does not affect the development rights. Moreover, the ability
to develop a single-family or duplex residence continues to not require an adoption of a final
POD development Plan, as provided in the current PUD regulations.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The proposed PUD regulations will not, themselves, alter traffic patterns, generations rates, or
road safety. There are provisions within the proposed PUD language for evaluating the affects a
proposed development may have on the road network.
staff comments page 1
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E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not limited
. to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding:
The proposed PUD regulations will not, themselves, alter demands on public facilities. There are
provisions within the proposed PUD language for evaluating the affects a proposed development
may have on the public infrastructure.
F. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment
Staff Finding:
The proposed PUD regulations will not, themselves, have an effect on the natural environment.
There are provisions within the proposed PUD language for evaluating the affects a proposed
development may have on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
The proposed PUD section emphasizes consistency with a subject development's surrounding
context and with the overall character of the town. This process helps ensure this criteria is
applied to each type of development reviewed under a PUD process.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment
Staff Finding:
The PUD amendments do not address a specific property or neighborhood. There have been
changes in the philosophical approach to development review supporting this amendment.
The desire by elected and appointed officials to extend the flexibility of the PUD provisions to
properties zoned Lodge Preservation (LP) Overlay has been incorporated in the Ordinance. Also,
the ability for amendment requests which exceed the Director's authority to approve but which
do not typically represent the magnitude of a change needing City Council oversight have been
provided with an intermediary process.
Lastly, the review criteria used to evaluate development have been updated to reflect the current
interests of the community, as expressed in the AACP and as expressed by elected and appointed
officials during review of significant projects under the existing PUD provisions.
I. Whether the proposed amendment wouid be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. In. fact, the
proposed PUD section is intended to ensure the interests of the community are served to the
greatest extend possible, and that proposed development is in harmony with the purpose and
intent of the land use code.
staff comments page 2
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Chapter 26.445
Exhibit B
Existing PUD
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
26.445.010
26.445.020
26.445.030
26.445.040
26.445.050
26.445.060
26.445.070
26.445.080
26.445.090
26.445.100
26.445.11 0
Purpose.
Applicability.
Procedures for Review.
Review Standards.
Application.
PUD agreement.
Notice ofPUD designation.
Placement ofPUD designation on official zone district map.
Recordation.
Amendment ofPUD development order.
Enforcement ofPUD development order.
26.445.010 Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility
and innovation in the development of land which:
A. Promotes greater variety in the type, design, and layout of buildings.
B. Improves the design, character and quality of development.
C. Promotes more efficient use of land, public facilities, and governmental services.
D. Preserves open space to the greatest extent practicable.
E. Achieves a compatibility of land uses.
F. Provides procedures so that the type, design, and layout of development encourages
the preservation of natural and scenic features.
26.445.020 Applicability.
Before any development shall occur on land designated Planned Unit Development
(PUD) on the official zone district map or before development can occur as a Planned Unit
Development (PUD), it shall receive POO approval pursuant to the terms of this Chapter,
provided that in no event shall compliance with this Chapter be required for the construction of a
single detached or duplex residential dwelling on a separate lot. All land with a Planned Unit
Development (PUD) designation shall also be designated with an underlying zone district
designation which is determined most appropriate for that land. A development application for a
Planned Unit Development may be applied for by the property owners of any proposed
development in the City of Aspen that is on a parcel of land greater than twenty-seven thousand
(27,000) square feet. A Planned Unit Development (PUD) designation may be applied to land
intended for residential, commercial, tourist or other development purposes.
26.445.030 Procedures for Review.
A. General. Any development within a Planned Unit Development (PUD) shall be
reviewed pursuant to the procedures and standards in this Chapter and the Common
Existing PUD page 1
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Development Review Procedures set forth at Chapter 26.304. Unless the Community
Development Director determines that the application should consolidate conceptual
and final review in accordance with subsection Il below, the procedure requires
review and approval of a conceptual development plan and final development plan by
the Planning and Zoning Commission and City Council. A development application
for Planned Unit Development (PUD) designation shall be received and considered
concurrently with a development application for a conceptual development plan.
B. Consolidated review.
I. Conceptual and final development plan. An applicant may request and the
Community Development Director may determine that because of the limited
extent of the issues involved in a proposed Planned Unit Development in relation
to these review procedures and standards, or because of a significant community
interest which the project would serve, it is appropriate to consolidate conceptual
and final development plan review. The Community Development Director shall
consider whether the full four step review would be redundant and serve no public
purpose and inform the applicant during the pre-application stage whether
consolidation will be permitted. An application which is determined to be eligible
for consolidation shall be processed pursuant to the terms and procedures of final
development plan review. The Planning and Zoning Commission or the City
Council may, during review, determine that the application should be subject to
both conceptual and final plan review, in which case consolidated review shall not
occur.
2. Other development review applications. An applicant may request and
the Community Development Director may determine that an application for
development within a Planned Unit Development may be consolidated at the
third step with a development application for conditional use, special review,
ESA review, subdivision review, text amendment, rezoning, andlor for certain
GMQS exemptions. However, if the applicant requests consideration of code
text amendment or rezoning, these applications may be considered at the
conceptual steps, subject to final review at steps three and four.
C. Steps Required: Unless consolidated in accordance with subsection B above, there
are four steps required for the review of an application for development within a
Planned Unit Development:
I. Step One - Hearing before the Planning and Zoning Commission.
a.
Purpose:
To determine if application meets standards for PUD.
b. Notice requirements: None.
c. Standards of review: Section 26.445.040.
d. P&Z action: Resolution approving, approving with conditions, or
disapproving conceptual development plan for PUD.
2. Step Two - Public Hearing before City Council.
Existing PUD page 2
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a. Purpose: To review recommendations of Planning and Zoning
Commission and to determine if the application meets the standards for
conceptual review of an PUD.
b. Notice requirements: Requisite notice requirements for adoption of a resolution
by City Council and publication, posting and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
c. Standards of review: Section 26.445.040.
d. City Council action: Resolution approving, approving with conditions, or
disapproving conceptual plan for PUD.
3. Step Three - Public Hearing before the Planning and Zoning Commission.
a. Purpose: To review application for final development plan to determine if
it meets the standards for an PUD.
b.
Notice requirements: Publication,
26.304.060(E)(3)(a),(b), and (c).)
posting
and
mailing.
(See
c. Standards of review: Section 26.445.040.
d. P&Z action: Resolution recommending to the City Council approval,
approval with conditions, or disapproval of the PUD.
4. Step Four - Public Hearing before the City Council.
a. Purpose: To review recommendations by Planning and Zoning
Commission and to determine if application for final development plan meets
the standards for an PUD.
b. Notice requirements: Requisite notice requirements for adoption of an
ordinance by City Council and publication, posting and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
c. Standards of review: Section 26.445.040.
d. City Council: Ordinance approving, approving with conditions, or
disapproving the PUD.
D. Limitations. A development application for a final development plan shall be
submitted within one (I) year of the date of approval of a conceptual development
plan. Unless an extension is granted by the City Council prior to expiration, failure
to file such an application within this time period shall render null and void the
approval of a conceptual development plan. Approval of a conceptual development
plan shall not constitute. final approval for development in a Planned Unit
Development, or permission to proceed with development. Such approval shall
only constitute authorization to proceed with a .development application for a final
development plan.
Existing PUD page 3
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26.445.040. Review standards. A development application for PUD shall comply
with the following standards and req~irements:
A.
1.
2.
3.
4.
B.
1.
General requirements.
The proposed development shall be consistent with the Aspen Area Community
Plan.
The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
The proposed development shall not adversely affect the future development of the
surrounding area.
Final approval shall only be granted to the development to the extent to which
GMQS allotments are obtained by the applicant.
Density.
General. The maximum density shall be no greater than that permitted in the
underlying zone district. Furthermore, densities may be reduced if:
a. There is not sufficient water pressure and other utilities to service the proposed
development;
b. There are not adequate roads to ensure fire protection, snow removal and road
maintenance to the proposed development;
c. The land is not suitable for the proposed development because of its slope,
ground instability, and the possibility of mud flow, rock falls and avalanche
dangers;
d. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water pollution;
e. The proposed development will have a deleterious effect on air quality in the
surrounding area and the City; or
f. The design and location of any proposed structure, road, driveway, or trail in
the proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
2. Reduction in density for slope consideration.
a. In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil
stability; and guarantee adequate fire protection access, the density of a PUD
shall also be reduced in areas with slopes in excess of twenty (20) percent in the
following manner:
(1) For lands between zero (0) and twenty (20) percent slope, the maximum
density allowed shall be that permitted in the underlying zone district;
Existing PUD page 4
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(2) For lands greater than twenty (20) but less than thirty (30) percent slope, the
maximum density allowed shall be reduced to fifty (50) percent of that
permitted in the underlying zone district;
(3) For lands greater than thirty (30) but less than forty (40) percent slope, the
density shall be reduced to twenty-five (25) percent of that allowed in the
underlying zone district; and
(4) For lands in excess of forty (40) percent slope, no density credit shall be
allowed.
b. Maximum density for the entire parcel on which the development is proposed
shall be calculated by each slope classification, and then by dividing the square
footage necessary in the underlying zone district per dwelling unit.
c. For parcels resting in more than one (1) underlying zone district, the density
reduction calculation shall be performed separately on the lands within each
zone district.
C. Land uses. The land uses permitted shall be those of the underlying zone district.
Detached residential units may be authorized to be clustered in a zero lot line or row
house configuration, but multi-family dwelling units shall only be allowed when
permitted by the underlying zone district.
D. Dimensional requirements. The dimensional requirements shall be those of the
underlying zone district; provided, that variations may be permitted in the following:
1. Minimum distance between buildings;
2. Maximum height (including viewplanes);
3. Minimum front yard;
4. Minimum rear yard;
5 Minimum side yard;
6. Minimum lot width;
7. Minimum lot area;
8. Trash access area;
9. Internal floor area ratio; and
10. Minimum percent open space.
If a variation is permitted in minimum lot area, the area of any lot may be greater
or less than the minimum requirement of the underlying zone district, provided the
total area of all lots, when averaged, at least equals the permitted minimum for the
zone district. Any variation permitted shall be clearly indicated on the final
development plan.
E. Off-street parking, The number of off-street parking spaces may be varied from that
required in the underlying zone district based on the following considerations.
I. The probable number of cars used by those using the proposed development.
2. The parking needs of any nonresidential uses.
Existing PUD page 5
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3. The varying time periods of use, whenever joint use of common parking is
proposed.
4. The availability of public transit and other transportation facilities, including those
for pedestrian access andlor the commitment to utilize automobile disincentive
techniques in the proposed development.
5. The proximity of the proposed development to the commercial core or public
recreational facilities in the City.
Whenever the number of off-street parking spaces is reduced, the City shall obtain
assurance that the nature of the occupancy will not change.
F. Open space. The open space requirement shall be that of the underlying zone district.
However, a variation in minimum open space may be permitted if such variation
would not be detrimental to the character of the proposed Planned Unit Development
(PUD), and if the proposed development shall include open space for the mutual
benefit of all development in the proposed Planned Unit Development (PUD) through
a common park or recreation area. An area may be approved as a common park or
recreation area if it:
I. Is to be used and is suitable for scenic, landscaping, or recreation purposes; and
2. Is land which is accessible and available to all dwelling units or lots for whom the
common area is intended.
A proportionate, undivided interest in all common park and recreation areas shall
be deeded in perpetuity to each lot or dwelling unit owner within the Planned Unit
Development (PUD), together with a deed restriction against future residential,
commercial, or industrial development.
Any plan for open space shall also be accompanied by a legal instrument which
ensures the permanent care and maintenance of open spaces, recreation areas, and
communally owned facilities.
G. Landscape plan. There shall be approved as part of the final development plan a
landscape plan, which exhibits a well designated treatment of exterior spaces. It shall
provide an ample quantity and variety of ornamental plant species that are regarded as
suitable for the Aspen area climate.
H. Architectural site plan. There shall be approved as part of the final development plan
an architectural site plan, which ensures architectural consistency in the proposed
development, architectural character, building design, and the preservation of the
visual character of the City. It is not the purpose of this review that control of
architectural character be so rigidly enforced that individual initiative is stifled in the
design of a particular building, or substantial additional expense is required.
Architectural character is based upon the suitability of a building for its purposes,
upon the appropriate use of materials, and upon the principles of harmony and
proportion of the buildings with each other and surrounding land uses. Building
design should minimize disturbances to the natural terrain and maximize the
Existing PljD page 6
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. preservation of existing vegetation, as well as enhance drainage and reduce soil
erosion.
1. Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands.
J. Clustering. Clustering of dwelling units is encouraged.
K. Public facilities. The proposed development shall be designed so that adequate public
facilities will be available to accommodate the proposed development at the time
development is constructed, and that there will be no net public cost for the provision
of these public facilities. Further, buildings shall not be arranged such that any
structure is inaccessible to emergency vehicles.
L. Traffic and pedestrian circulation.
I. Every dwelling unit, or other land use permitted in the Planned Unit Development
(PUD) shall have access to a public street either directly or through an approved
private road, a pedestrian way, or other area dedicated to public or private use.
2. Principal vehicular access points shall be designed to permit smooth traffic flow
with controlled turning movement and minimum hazards to vehicular or pedestrian
traffic. Minor streets within the Planned Unit Development (PUD) shall not be
connected to streets outside the development so as to encourage their use by
through traffic.
3. The proposed development shall be designed so that it will not create traffic
congestion on the arterial and collector roads sUrrounding the proposed
development, or such surrounding collector or arterial roads shall be improved so
that they will not be adversely affected.
4. Every residential building shall not be farther than sixty (60) feet from an access
roadway or drive providing vehicular access to a public street.
5. All nonresidential land uses within the Planned Unit Development (PUD) shall
have direct access to a collector or arterial street without creating traffic hazards or
congestion on any street.
6. Streets in the Planned Unit Development (PUD) may be dedicated to public use or
retained under private ownership. Said streets and associated improvements shall
comply with all pertinent City regulations and ordinances.
The burden shall rest upon an applicant to show the reasonableness of the
development application, and its conformity to the standards and procedures of this
Chapter and this title.
26.445.050.
Application.
A. Conceptual development plan.
Existing PUD page 7
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1. Contents of application. The contents of a development application for a
conceptual development plan shall include the following.
a. The general application information required in Common Development Review
Procedures, Section 26.304.030;
b. A conceptual description of the proposed Planned Unit Development (PUD).
This shall include but not be limited to a statement of the objectives to be
achieved by the Planned Unit Development and a conceptual description of
proposed land uses, building heights and locations, landscaping, open space,
natural features, and accessways;
c. A statement conceptually outlining how the proposed PUD development will be
served with the appropriate public facilities, and how assurance will be made
that those public facilities are available to serve the proposed development; and
d. A conceptual site plan, illustrating:
(I) Existing natural and manmade features.
(2) General configuration of proposed land uses, access ways, and existing and
proposed utilities.
(3) A general landscaping plan and elevations or other architectural renderings
of the proposed improvements, which at a conceptual level, depict general
site design features, building mass and height, and relation to natural
features of the site.
B. Final development plan.
I. Contents of application. The contents of the development application for a final
development plan shall include the following:
a. The general application information required in Common Development Review
Procedures, Section 26.304.030.
b. A detailed plan of the proposed development which includes but is not limited
to proposed land uses, densities, natural features, internal traffic circulation
plans, and off-street parking and open space areas. The plan shall be of
sufficient detail to enable evaluation of the design features and natural features
of the proposed development. It shall show the location and floor area of all
existing and proposed buildings and other improvements including their height,
dwelling unit types and all nonresidential facilities.
c. A statement specifying how the development complies with the dimensional
and off-street parking requirements of the underlying zone district on the parcel
proposed for development, and a specific listing of any variations requested
from these requirements.
d. A statement specifying the public facilities that will be needed to accommodate
the proposed development, and what specific assurances will be made to ensure
Existing PUD page 8
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the public facilities will be available to accommodate the proposed
development.
e. A statement outlining a development schedule specifying the date construction
is proposed to be initiated and completed, any proposed public facilities the
developer is proposing to construct, and the phasing and construction of the
proposed public facilities.
f. A statement of the reasonable conformance of the final development plan with
the approval granted to the conceptual development plan.
g. An architectural sketch indicating floor plans and all exterior elevations of any
buildings or other structures proposed for development.
h. A landscape plan indicating the treatment of exterior spaces in the proposed
development. The landscape plan should show:
(1) The extent and location of all plant materials and other landscape features;
(2) Flower and shrub bed definition;
(3) Proposed plant material at mature sizes and in appropriate relation to scale;
(4) Species and size of existing plant material;
(5) Proposed treatment of all ground surfaces (e.g., paving, turf, and gravel);
(6) Location of water outlets; and
(7) A plant material schedule with common and botanical names, Sizes,
quantities and method of transplant.
1. A topographic map prepared by a registered land surveyor, registered landscape
architect or registered engineer identifying the areas on the parcel proposed for
development where slopes are:
(I) Between zero (0) and twenty (20) percent;
(2) Between twenty-one (21) and thirty (30) percent;
(3) Between thirty-one (31) and forty (40) percent;
(4) In excess of forty (40) percent.
j. An open space plan, and if applicable, a legal instrument or instruments setting
forth a plan providing for the permanent care and maintenance of open spaces,
recreational areas and communally-owned facilities and private streets. If the
common open space is proposed to be deeded to a homeowners association, the
proposed documents governing the association shall also be submitted. Such
documents shall meet the following requirements: (a) The homeowners'
association must be established before any residences are sold (b) membership
Existing pun page 9
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in the association must be mandatory for each residence owner (c) open space
restrictions must be permanent and not for a period of years (d) the
homeowners' association must be made responsible for liability insurance, taxes
and maintenance of recreational and other facilities (e) the association must
have the power to levy assessments which can become a lien on individual
premises for the purpose of paying the cost of operating and maintaining
common facilities (f) the governing board of any such association shall consist
of at least five (5) members who shall be owners of property in the Planned
Unit Development (PUD).
k. A plat which depicts the applicable information required by Section
26.480.060(A)(3).
1. A proposed PUD agreement which conforms to Section 26.445.060 below.
26.445.060 PUD agreement.
A. General. Upon approval of a final development plan for the Planned Unit
Development (PUD), the applicant and City Council shall enter into a Planned Unit
Development (PUD) agreement binding the PUD to any conditions placed on the
development order.
B. Common park and recreation areas. The PUD agreement shall outline any agreement
on the part of the applicant, to deed to each lot or dwelling unit owner within the
Planned Unit bevelopment (PUD), an undivided interest in all common park and
recreations areas, together with a deed restriction against future residential,
commercial, or industrial development.
C. Landscape guarantee. In order to ensure implementation and maintenance of the
landscape plan, the City Council may require the applicant to provide a guarantee for
no less than one hundred twenty-five (125) percent of the current estimated cost of the
landscaping improvements in the approved landscape plan, as estimated by the City
engineer, to ensure the installation of all landscaping shown and the continued
maintenance and replacement of the landscaping for a period of two (2) years after
installation. The guarantee shall be in the form of a cash escrow with the City, or a
bank or savings and loan association, or an irrevocable sight draft or letter of
commitment from a financially responsible lender and shall give the City the
unconditional right upon demand to partially or fully complete or pay for any
improvements or pay any outstanding bills, or to withdraw funds upon demand to
partially or fully complete or pay for any improvements or pay for any improvement
or pay any outstanding bills for work done thereon by any party.
As portions of the landscaping improvements are completed, the City engineer shall
inspect them, and upon approval and acceptance, shall authorize the release of the
agreed estimated cost for that portion of the improvements, except that ten (10)
percent which shall be withheld until all proposed improvements are completed and
approved, and an additional twenty-five (25) percent, which shall be retained until the
improvements have been maintained in a satisfactory condition for two (2) years.
D. Public facilities guarantee. In order to ensure installation of necessary public
facilities planned to accommodate the development, the City Council shall require the
Existing PUD page 10
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applicant to provide a guarantee for no less than one hundred (100) percent of the
current estimated cost of such public improvements, as estimated by the City
Engineer. The guarantee shall be in the form specified in Section 26.445.060(C)
above, and may be drawn upon by the City as therein specified. As portions of the
public facilities improvements are completed, the City Engineer shall inspect them,
and upon approval and acceptance, shall authorize the release of the agreed estimated
cost for that portion of the improvements, except that ten (10) percent which shall be
withheld until all proposed improvements are completed and approved.
26.445.070 Notice ofPUD designation.
Subsequent to receipt of a development order for a Planned Unit Development (PUD),
the applicant shall file in the Clerk and Recorder's office of Pitkin County, Colorado, the
following notice:
Notice ofPUD Designation
PLEASE TAKE NOTE that on the day of
the City Council of Aspen, Colorado, approved development on the
following described tract as a Planned Unit Development pursuant to the
provisions of Chapter 26.445 of the Aspen Municipal Code. No
development shall occur on the tract except in accordance with such
development order and under any conditions that may be imposed thereby.
The above referred to land is located within the City of Aspen, Pitkin
County, Colorado, and is more fully described as follows:
(Insert Legal Description)
A copy of the Planned Unit Development Final Development Plan is of
record in the office of the Pitkin County Clerk and Recorder.
City Clerk
STATE OF COLORADO )
) SS:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
, by , City Clerk. -
Witness my hand and official seal.
Notary Public
My Commission expires:
26.445.080 Placement of PUD designation on official zone district map.
After final approval of a Planned Unit Development (PUD), the Community
Development Director shall amend the City's official zone district map to show a Planned Unit
Development (PUD) designation.
26.445.090 Recordation.
Existing PUD page II
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The final development plan, which shall consist, as applicable, of final drawings
depicting the site plan, landscape plan, utility plan and building elevations, and Planned Unit
Development (PUO) agreement shall be recorded in the office of the Pitkin County Clerk and
Recorder, and shall be binding upon the property owners subject to the development order, their
successors and assigns, and shall constitute the development regulations for the property.
Development of the property shall be limited to the uses, density, configuration, and all other
elements and conditions set forth on the final development plan and PUD agreement. Failure on
the part of the applicant to record the final development plan and PUD agreement within a period
of one hundred eighty (180) days following its approval by City Council shall render the plan
invalid. Reconsideration of the final development plan and PUD agreement by the Planning and
Zoning Commission and City Council may be required before its acceptance and recording.
26.445.100 Amendment ofPUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial
amendment:
I. A change in the use or character of the development.
2. An increase by greater than three (3) percent in the overall coverage of structures
on the land.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
4. A reduction by greater than three (3) percent ofthe approved open space.
5. A reduction by greater than one (I) percent of the off-street parking and loading
space.
6. A reduction in required pavement widths or rights-of-way for streets and
easements.
7. An increase of greater than two (2) percent in the approved gross leasable floor
area of commercial buildings.
8. An increase by greater than one (I) percent in the approved residential density of
the development.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from the project's
approved use or dimensional requirements.
B. Other amendment. Any other amendment shall be approved pursuant to the terms and
procedures of the final development plan; provided, that the proposed change is
consistent with or an enhancement of the approved final development plan. If the
proposed change is not consistent with the approved final development plan, the
amendment shall be subject to both conceptual and final development plan review and
approval.
Existing PUD page 12
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During the review of the proposed amendment, the Planning and Zoning Commission
and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community conditions. This
shall include, but not be limited to, applying to the portions of the development which
have not obtained building permits or are proposed to be amended any new
community polices or regulations which have been implemented since the original
approval, or taking into consideration changing community circumstances as they
affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review
process.
C. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated Planned Unit Development (PUD), an accurate
improvements survey of existing conditions may be substituted to permit evaluation of
whether the proposal is an insubstantial or other amendment.
26.445.110 Enforcement ofPUD development order.
A. City. The provisions of a development order approving a final development plan for a
Planned Unit Development (PUD) relating to the use of land and the location of
common open space shall run in favor of the City, and shall be enforceable at law or
in equity by the City, without limitation on any power or regulation otherwise granted
bylaw.
B. Residents. All provisions of the development order approving a final development
plan for a Planned Unit Development (PUD) shall also run in favor of the residents,
occupants, and owners of the Planned Unit Development (PUD), but only to the extent
expressly provided in the development order and in accordance with the terms of the
final development plan. To that extent, said provisions, whether recorded by plat,
covenant, easement or otherwise, may be enforced at law or in equity by residents,
occupants, or owners acting individually, jointly, or through an organization
designated in the development order to act on their behalf. However, no provisions of
the development order shall be implied to exist in favor of residents, occupants, and
owners except those provisions of the development order which have received
approval.
C. Release by City. All those provisions of the development order approving a final
development plan for a Planned Unit Development (PUD) authorized to be enforced
by the City, may be modified, removed or released by the City subject to the
following:
1. No modification, removal or release of the provisions shall affect the rights of the
residents, occnpants, and owners of the Planned Unit Development (PUD) to
maintain and enforce these provisions at law or equity as provided in Section
26.445.110(B).
2. No modification, removal, or release of the provisions of the development order by
the City shall be permitted except upon compliance with the requirements of
Section 26.445.100.
Existing PUD page 13
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D. Release by residents. Residents and owners of the Planned Unit Development (PUD)
may, to the extent and in the manner expressly authorized by the provisions of the
development order, modifY, remove or release their rights to enforce the provisions of
the development order, but no such action shall affect the right of the City to enforce
the development order. .
E. Enforcement of open space and common area conditions. In the event the
organization established to own and maintain common open spaces, recreation areas,
communally-owned facilities and private streets, or any successor organization shall at
any time fail to maintain the common facilities in reasonable order and condition in
accordance with the approved open space plan in the final development plan, the City
Council may cause written notice to be served upon such organization or upon the
owners of property in the development setting forth the manner in which the common
facilities have failed to be maintained in reasonable condition, which notice shall
include the demand that the deficiencies noted be cured within thirty (30) days. If the
deficiencies noted are not cured within thirty (300 days, an additional notice shall be
sent setting forth a date and place of a hearing to be held within fourteen (14) days of
notice.
At the time of hearing, the City Council may modify the terms of the original notice as
to deficiencies and may extend the time within which the same may be cured. If the
deficiencies set forth in the original notice or modifications are not cured within the
time set, the City Council, in order to preserve the taxable values of properties within
the development and to prevent the common facilities from becoming a public
nuisance, may enter upon such common facilities and maintain the same for a period
of one year. Such entry and maintenance shall not vest in the public any right to use
the common facilities not dedicated to public use.
Before expiration of the one-year period, the City Council shall, upon its own
initiative or upon the written request of the organization responsible for maintenance,
call a public hearing and give notice of such hearing to the organization responsible
for maintenance or the property owners of the Planned Unit Development (PUD). At
such hearing, the organization responsible for maintenance andlor the residents of the
development may show cause why maintenance by the City of Aspen should not be
continued for the succeeding year. If the City Council determines that it is not
necessary for the City to continue such maintenance, the City shall cease such
maintenance at the time established by the City Council. Otherwise, the City shall
continue maintenance for the next succeeding year, subject to a similar hearing and
determination at the end of each year thereafter. The cost of maintenance by the City
shall be a lien against the common facilities of the Planned Unit Development (PUD)
and the private properties within the development.
The City Council shall have the right to make assessments against properties in the
development on the same basis that the organization responsible for maintenance of
the facilities could make such assessments. Any unpaid assessment shall be a lien
against the property responsible for the same, enforceable the same as a mortgage
against such property. The City may further foreclose its lien on the common facility
by certifYing the same to the county treasurer for collection as in the case of collection
of general property taxes.
Existing PUD page 14
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager '\
John Worcester, City Attorney ~~J
Julie Ann Woods, Community Development Director . "
Joyce Ohlson, Deputy Directo~ I.. '. '
Christopher Bendon, Planner \.:)J~ v...;J
Land Use Code Amendments - Planned Unit Development (PUD)
First Reading of Ordinance No.~, Series of 1999.
Action Item.
FROM:
RE:
DATE:
August 23, 1999
SUMMARY:
As a component of the Lodge Preservation Program, staff was directed to incorporate a
"Minor PUD" process into the land use code to provide LP lodges with additional zoning
flexibility. Inevitably, staff reviewed and amended the entire PUD section, creating
additional flexibility for property owners and more directed review criteria for the City's
review Boards.
It is important to note that the PUD section, and this re-write, affects not only the
LP properties, but all projects being reviewed under the Planned Unit Development
process. This includes the majority oflarge land use cases reviewed by the City such as
affordable housing projects, municipal projects, and large subdivisions. The Minor PUD
provision, however, would only apply to LP Properties, as requested by the
Commission.
Council should be particularly aware of proposed Section 26.445.050 Review Standards.
These standards begin on page 6 of the proposed PUD language. This section defines the
criteria staff and the Boards will use to evaluate and ultimately judge projects. Council
members should each be satisfied with the adequacy of these criteria in addressing the
range of issues typically related to significant projects.
The "Main Issues" section of this memo suggests a framework for staff s presentation.
Following each topic is a question for the Council, a discussion of the relevant issues,
and a summary of the Planning and Zoning Commission's opinion on the topic.
Staff recommends City Council adopt Ordinance No. 35 , Series of1999, upon
first reading and schedule the second reading and public hearing for September 13,
1999.
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MAIN ISSUES:
Following are topics for discussion posed as questions for the Council to consider. At
Council's option, staff would like to use this as a framework for the decision making
process. The Commission went through a similar exercise and their responses are noted.
FAR:
Should the POO be amended to allow all dimensions, including FAR, to be
determined through this review? Compare the dimensions of the existing code, page
5 of Exhibit B to those proposed, page 5 of Exhibit A.
PUD's for most municipalities allow for all aspects of the underlying zoning to be
varied. Aspen's PUD allows for dimensional r€quirements to be varied with the
exception of land use, FAR, and density. The proposed PUD allows for the Floor
Area Ratio (FAR) to be established through this process.
The Commission determined that FAR should be part of the dimensions established
through the PUD process. The Commission felt that the criteria for evaluating the
project in general would be sufficient for judging a requested FAR and either
accepting the proposal or requesting changes be made.
Density:
Should the maximum density allowed on the fathering parcel be varied?
Currently, while the lot sizes can be changed, the aggregate density must not exceed
that allowed for the entire parcel in the underlying zoning. In other words, if the
underlying zoning allows 50 houses, those 50 houses could be arranged on smaller
lots but there could not be more than 50 houses.
The Commission considered this density provision at length. Some members of the
P&Z felt that varying density may be advantageous for smaller in-fill sites, especially
considering the more current land use philosophies of locating density within
townsite areas. Other members, however, felt the ability to vary density could raise
the expectations of developers, putting staff and review Boards in an awkward
situation. The P&Z ultimately decided to recommend the aggregate density language
remain in the PUD code.
Staff believes the proposed PUD provisions could adequately address the
appropriateness of a proposed density. The fact that density is "on the table" does
not automatically render an increase in density appropriate. However, if a project
adequately addresses the impacts of increased density and the decision making
bodies believe there would be a significant community of interest served, an increase
in density could be very beneficial.
The proposed Ordinance does not include the ability to vary density. The aggregate
density requirement is included in the General Provisions section, pages 5 and 6 of
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the Ordinance. At the option of Council, staff will revise the Ordinance to allow
for density to be established throngh the PUD process.
Land Uses:
Should there be the ability to vary uses through this process? Should the SPA
provisions (which allow use variation) be phased out?
The Commission had two primary concerns on this topic: 1) Possibly all PUD's
coming forward would be requesting changes to the allowed land uses; and, 2) the
current additional "hoop" of the SPA process adequately represents the magnitude of
altering allowed uses. The Commission did feel that incl1.!ding use variations in the
PUD section could be considered at a later date but did not want to include it in the
current amendments.
Staff concurs. The "hoop" of varying the underlying allowed uses is currently
available and sufficient to address its purpose. The question regarding how difficult
the hoop should be and where it should exist in the land 1.!se code should be
addressed in consideration of the overall land use code changes. Staff does not
recommend the inclusion of use variation in the proposed PUD. Council
comments on this topic are certainly welcome, however, as staff will be making
additional substantive amendments in the future.
Applicability:
Should the Minor PUD apply only to LP Zoned properties? Should the Minor PUD
be extended to Affordable Housing projects? Should the Minor PUD be extended to
all small parcels?
The Commission also considered this topic at length. The Commission determined
that there could be merit in extending the Minor PUD process to Affordable Housing
projects. However, the majority of AH projects are already reviewed under the PUD
provisions and can consolidate Conceptual and Final reviews if the Planning Director
determines the range of issues can still be adequately addressed. And, a consolidated
application would essentially be a Minor PUD.
The Commission felt that extending the PUD flexibility to all parcels would
represent a bigger step than warranted. While the concept of allowing greater
amounts of development within the Commercial Core and surrounding areas oftown
has merit, a specific plan graphically demonstrating the goals and objectives of
greater downtown development should be adopted prior to "opening the door."
Moreover, the Boards will gain experience in reviewing small lot PUD's with the
extension to the LP Zoned properties. This experience could then benefit the
discussion of further extending small lot PUD' s to other types of land uses.
The Commission decided to extend the Minor process only to LP Zoned properties
and review the appropriateness of a further extension at a later date.
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Criteria:
Staff has proposed many different criteria to review PUD projects. Are these criteria
appropriate? Do they purs.ue the tangible aspects of development of concern to the
community?
Keep in mind that nearly all significant projects will be reviewed under these criteria.
Compare the existing standards, starting on page 4 of Exhibit B to the proposed
criteria, starting on page 7 of the Ordinance. Council members may wish to add,
amend, or delete criteria. Suggestions to staff may range from general aspects of
development to specific wording of the criteria.
The Commission reviewed these criteria and made modifications to the Ordinance
under the Council's consideration. The Commission did request additional
importance be placed on drainage capabilities of a proposed project and of the
immediate area. Also noted by the Commission was the importance of considering
the character of surrounding development in reviewing the architecture, site plan, and
dimensional requirements of a proposal.
Amendments:
Should there be an amendIllent process to address requests to amend a PUD but
which does not qualify as an administrative amendment?
Currently, insubstantial amendments to a PUD may be approved by the Community
Development Director as long as the amendment does not exceed a series of limiting
thresholds. Otherwise, the amendment must proceed through the final review
process - P&Z and City Council for a new Ordinance. There are occasional requests
to amend a PUD generally consistent with the original approval but in excess of the
thresholds available to the Director. These amendments then must proceed through
the full review - typically representing three months.
Staff has suggested language allowing these types of amendments. to be decided by
the P&Z at a public hearing. Appeals of these decisions could then proceed to City
Council if requested by the applicant. This approach could reduce the review time to
approximately six weeks while maintaining the public notiCing requirement - a
procedural element important to the community.
The Commission considered this amendment process as a reasonable approach for
PUD amendments consistent with, or an enhancement of, the original approval.
APPLICANT:
Community Development Department.
PREVIOUS ACTION:
At a joint work session between the Commission and City Council regarding Lodge
Preservation, staff was directed to proposed amendments to the Planned Unit
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Development provisions of the land use code. Specifically, the request was to extend the
flexibility of PUD to LP Zone properties.
The Commission considered this code amendment during a public hearing on June 8 and
August 3,1999, and recommended approval to City Council by a 6-1 vote.
City Council has not previously considered this Ordinance.
REVIEW PROCEDURE:
Code Amendment. The Commission shall recommend approval, approval with
conditions, or denial to the City Council during a public hearing. The City Council shall
approve, approve with conditions, or deny the amendment during a public hearing.
Adoption is by Ordinance.
RECOMMENDED MOTION:
"I move to adopt Ordinance No.2:l5, Series of 1999, upon first reading, establishing
September 13, 1999, for the public hearing."
ATTACHMENTS:
Proposed Ordinance with proposed code language
Exhibit A - Staff comments.
Exhibit B - Existing PUD provisions.
C:\home\CHRISB\CASES\LP ]ROGR\CC]UD _lst.doe
5
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N.c.
MEMORANDUM
TO:
Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director ~
Christopher Bendon, Planner 0iJM
Code Amendments - Public Hearing (continued from 6. 8. 99)
Planned Unit Development (PUD)
FROM:
RE:
DATE:
August 3, 1999
SUMMARY:
As a component of the Lodge Preservation Program, staff was directed to incorporate a
"Minor PUD" process into the land use code to provide LP lodges with the additional
zoning flexibility available with the PUD process. Inevitably, staffreviewed and
amended the entire PUD section, creating additional flexibility for property owners and
more directed review criteria for review Boards.
It is important to note that the PUD section, and this re-write, affects not only the LP
properties, but the majority of larger projects which are reviewed by the City. Most
affordable housing projects, municipal projects, and large subdivisions are reviewed
under these provisions. The Minor PUD provision, however, only apply to LP Properties,
as requested by the Commission.
The Commission should be particularly aware of proposed Section 26.445.050 Review
Standards. This section defines the criteria staff and the Boards will use to evaluate and
ultimately judge projects. At a minimum, the Commission members should each be
satisfied with the adequacy of these criteria in addressing the issues typically related to
significant projects.
During the public hearing session on June 8, 1999, the Commission members indicated
their general support for the proposed amendments and requested staff return with a
proposed Resolution with specific modifications. These modifications have been
included in the proposed Resolution. Staff suggests the Commission use the "Main
Issues" section of this memo as a framework for discussion, make modifications to the
proposed language as necessary, and pass forward a final recommendation to City
Council.
Staff recommends the Commission adopt Resolution 99-_ and pass forward a
recommendation of approval for the proposed text amendment to the Planned Unit
Development section of the land use code.
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MAIN ISSUES:
Following are topics for discussion posed as questions for the Commission to consider.
Some of these topic were addressed during the June 8,1999, public hearing.
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Substantive Changes:
1. Should the PUD be amended to allow all dimensions to be determined through this
review? Compare the dimensions from page 5 of the existing code to those provided
on page 5 of the proposed code.
2. Should the maximum density from the fathering parcel be able to be varied?
Currently, while the lot sizes can be changed, the aggregate density must not exceed
the average allowed in the underlying zoning.
Land Uses:
Should there be the ability to vary uses through this process? Should the SPA
provisions (which allow use variation) be phased out? ~
Applicability :
Should the provisions of the Minor PUD apply only to LP properties? Should the
Minor PUD be extended to Affordable Housing projects?
Criteria:
Staff has proposed many different criteria, are these appropriate? Do they pursue the
tangible aspects of development of concern to the community? Keep in mind that
nearly all significant projects will be reviewed under these criteria. Compare the
review standards starting on page 4 of the existing code of to the criteria of the new
code starting on page 6.
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APPLICANT:
Community Development Department.
PREVIOUS ACTION:
The Commission considered this code amendment during a public hearing on June 8th
and recommended staff return with a resolution for adoption.
REVIEW PROCEDURE:
Code Amendment. The Commission shall recommend approval, approval with
conditions, or denial to the City Council during a public hearing.
RECOMMENDED MOTION:
"1 move to recommend City Council adopt these Planned Unit Develop'1Jlent regulations .
as provided in Planning and Zoning Commission Resolution No. 99- .JD"
ATTACHMENTS:
Exhibit A -- Proposed Resolution with attached code language
Exhibit B -- Existing PUD provisions.
C:IHOMEICHRISBlCASESILP 1ROGRIPUD MEMO 2.DOC
2
26.445.010
26.445.020
26.445.030
26.445.040
26.445.050
26.445.060
26.445.070
26.445.080
26.445.090
26.445.100
26.445.110
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Chapter 26.445
Resolution No. 99-.J13
Attachment A
PLANNED UNIT DEVELOPMENT (PUD)
Purpose.
Applicability.
Procedures for Review.
General Provisions.
Review Standards.
Application Materials.
Recording a Final pun Development Plan.
Notice ofPUD Designation.
Placement ofPUD Designation on Official Zone District Map.
Amendment ofPUD Development Order.
Enforcement ofPUD Development Order.
26.445.010 Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and innovation in the
development ofland which:
A. Promotes the purposes, goals, and objectives of the Aspen Area Community Plan.
E. Achieves a more desirable development pattern, a higher quality design and site planning, a greater
variety in the type and character of development, and a greater compatibility with existing and
future surrounding land uses than would be possible through the strict application of the underlying
zone district provisions.
C. Preserves natural and man-made site features of historic, cultural, or scenic value.
D. Promotes more efficient use ofland, public facilities, and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity to
neighborhood and community goals and objectives.
26.445.020 Applicability.
Before any development shall occur on land designated Planned Unit Development (PUD) on the official zone.
district map or before development can occur as a PUD, it shall receive final PUD approval pursuant to the
terms of this Chapter. However, in no event shall adoption of a final development plan be required for the
construction of a single detached or duplex residential dwelling on a separate lot, in conformance with the
General Provisions of this Chapter, Section 26.445.040. All land with a PUD designation shall also be
designated with an underlying zone district designation most appropriate for that land.
A development application for a Planned Unit Development (PUD) may be applied for by the property owners
of any proposed development in the City of Aspen that is on a parcel of land greater than twenty-seven
thousand (27,000) square feet intended for residential, commercial, tourist or other development purposes.
A development application for a Minor Planned Unit Development (Minor PUD) may be applied for by the
property owners of a parcel of land located within the Lodge Preservation Overlay (LP) Zone District intended
for development consistent with the purpose ofthe LP Overlay Zone District. .
26.445.030
Procedures for Review.
Proposed PUD pagel
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A. General. Any development within a Planned Unit Development (PUD) or on land designated
with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to the
procedures and standards in this Chapter and the Common Development Review Procedures set
forth at Chapter 26.304. A rezoning application for designating a parcel of land with a PUD
Overlay shall be received and considered concurrently with a development application for a final
PUD development plan.
B. Types of Review.
1. Conceptual and Final Review (Four-Step Review).
All development proposed within a PUD, unless eligible for minor review or determined eligible
for a consolidated review, shall be reviewed for conceptual approval by the Commission and
Council and then reviewed Jor final approval by the Commission and Council. This is a four step
process requiring public hearings at steps two, three, and four.
2. Consolidated Conceptual and Final Review (Two-Step Review). An applicant may request and the
Community Development Director may determine that because ofthe limited extent of the issues
involved in a proposed PUD in relation to these review procedures and standards, or because of a
significant community interest which the project would serve, it is appropriate to consolidate
conceptual and final development plan review. The Community Development Director shall
consider whether the full four step review would be redundant and serve no public purpose and
inform the applicant during the pre-application stage whether consolidation will be permitted.
An application which is determined to be eligible for consolidation shall be processed pursuant to
the terms and procedures of final development plan review - steps three and four. The Planning
and Zoning Commission or the City Council may, during review, determine that the application
should be subject to both conceptual and final plan review, in which case consolidated review
shall not occur.
3. Minor Planned Unit Development Review (Two-Step Review).
Due to the limited extent of the issues involved, a development application requesting approval as
a Planned Unit Development on a parcel of land located in the Lodge Preservation Overlay (LP)
Zone District shall be processed pursuant to the terms and procedures of Minor Planned Unit
Development plan review (Minor PUD). This two step process does not require approval of a
conceptual development plan, only review and approval of a final development plan by the
Planning and Zoning Commission and the City Council, with public hearings occurring at both.
4. Concurrent Associated Reviews.
An applicant may request and the Community Development Director may determine that an
application for development within a PUD may be combined, during final review, with a
development application for conditional use, special review, ESA review, subdivision review, text
amendment, rezoning, and Growth Management. Consideration of a code text amendment, a
rezoning application, or a Growth Management allocation or exemption may be considered during
conceptual review, subject to final review.
The Community Development Director shall consider whether the associated reviews may be
reviewed concurrently and inform the applicant during the pre-application stage whether
concurrent reviews will be permitted and if any redundant submission requirements may be
waived.
C. Steps Required: There are four steps required for the review of a PUD development plan.
Consolidated and Minor PUD reviews require only steps three and four.
Proposed PUD page 2
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Step One - Conceptual Review before Planning and Zoning Commission.
Purpose: To determine if application meets standards for conceptual
PUD.
Notice requirements: None.
Standards of review: Section 26.445.050.
P&Z action: Resolution recommending City Council approve, approve with
conditions, or disapprove a conceptual development plan.
Step Two - Conceptual Review before City Council- Public Hearing.
Purpose: To review recommendations of the Community Development
Director and Planning and Zoning Commission and to
determine if the application meets the standards for conceptual
review of an PUD.
Notice requirements: Requisite notice requirements for adoption of a resolution by
City Council and publication, posting, and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
Standards of review: Section 26.445.050.
City Council action: Resolution approving, approving with conditions, or
disapproving conceptual plan for PUD.
Step Three - Final Review before the Planning and Zoning Commission -- Public
Hearing.
Purpose: To review application for final development plan to determine
if it meets the standards for a final PUD.
Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b),
and (c).)
Standards of review: Section 26.445.050.
P&Z action: Resolution recommending City Council approve, approve with
conditions, or disapprove a final development plan.
Step Four - Final Review before the City Council-- Public Hearing.
Purpose: To review recommendations by the Community Development
Director and the Planning and Zoning Commission and to
determine if application for final development plan meets the
standards for a PUD.
Notice requirements: Requisite notice requirements for adoption of an ordinance by
City Council and publication, posting, and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
Standards of review: Section 26.445.050
City Council action: Ordinance approvmg, approving with conditions, or
disapproving the final PUD development plan.
D. Limitations.
Approval of a conceptual development plan shall not constitute final approval for a
PUD, or permission to proceed with any aspect of the development. Approval of a
conceptual development plan shall only authorize an applicant to submit an
application for a final PUD development plan in accordance with the City Council
Resolution granting conceptual PUD approval.
Proposed PUD page 3
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Unless otherwise specified in the Resolution granting conceptual approval, a
development application for a final development plan shall be submitted within one
(I) year of the date of approval of a conceptual development plan. Failure to file such
an application within this time period shall render null and void the approval of a
conceptual development plan. The City Council may, at its sole discretion and for
good cause shown, grant an extension of the deadline, provided a written request for
extension is received no less than thirty (30) days prior to the expiration date.
Development on any land within a Planned Unit Development may occur only after
all land use approvals are received, all requisite documents, agreements, and plats
have been filed, and the applicant has received all necessary permits as required by
the Municipal Code and any other County, State, or Federal authority with
jurisdiction over the land.
26.445.040 General Provisions.
The following provisions shall apply to all property designated with a PUD Overlay on the
Official Zone District Map unless otherwise provided pursuant to an adopted final PUD
development plan for the property.
A. Uses: The land uses permitted in a PUD shall be limited to those allowed in the
underlying zone district in which the property is located. Detached residential units
may be authorized to be clustered in a zero lot line or row house configuration, but
multi-family dwelling units shall only be allowed when permitted by the underlying
zone district.
B. Density: ~it'lf'~
The maximum C1ensity shall be no greater than that permitted in the underlying zone
district, considering the inclusions and exclusions of Lot Area, as defined, and
considering the mandatory density reduction for steep slopes as described below in
subsection 1. Furthermore, during review of a PUD development plan, lands
designated with a PUD Overlay are subject to additional possible reductions in
allowable density due to insufficient infrastructure capabilities or the presence of
natural hazards or critical features of the site as described below in subsections 2 and
3.
1. Mandatory Reduction in density for steep slopes:
In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil stability;
and guarantee adequate fire protection access, the density of a PUD shall be reduced
in areas with slopes in excess of twenty (20) percent according to the following
schedule:
Slope Maximum density allowed.
classification. (Percentage of that allowed in
(Slope percentage.) the underlying zone district.)
0-20% 100%
21-30 % 50%
31-40% 25%
slope> 40 % 0%
Proposed PUD page 4
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Notes:
a) There shall be no density credit allowed for lands in excess offorty (40) percent
slope.
b) Maximum density for the entire parcel on which the development is proposed
shall be determined by calculating the net lot area, after the reductions for each
slope classification have been subtracted, divided by the square footage per
dwelling unit necessary in the underlying zone district regulations.
c) M.mr:.LllUlll dtiu;:t.r ':"ud 111ill~H~1:lm lot sizes for individual lots within a PUD may
be established at a higher or lower rate than specified in the underlying zone
district as long as, on average, the entire PUD conforms to the dimension.al
provisions of the respective zone district and there exists no aggregate increase in
density.
d) For parcels resting in more than one (I) underlying zone district, the slope
reduction and maximum density calculation shall be performed separately on the
lands within each zone district.
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2. Possible density reduction (or infrastructure capabilities:
The maximum allowable density within a PUD may be reduced if:
a) There is not sufficient water pressure~d other utilities to service the proposed
development; $~t.t. .dtl;"...g~ CLc/,lG-b,'I,t,.e J .
b) There are not adequate roads to ensure fire protection, snow rem6val, and road
maintenance to the proposed development;
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3. Possible density reduction (or natural hazards and critical natural site (eatures:
The maximum allowable density within a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mud flow, rock falls or avalanche dangers;
b) The effects of the proposed development are detrimental to the natural watershed,
due to runoff, drainage, soil erosion, and consequent water pollution;
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City; or
d) The design and location of any proposed structure, road, driveway, or trail in the
proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features ofthe site.
C. Dimensional Requirements.
The following dimensional requirements shall be established with the adoption of a
final PUD development plan. The underlying zone district shall be used as a guide in
determining the appropriate dimension for each provision. The final development
plan shall clearly define all dimensional requirements for each lot within the PUD. In
the absence of a final development plan, a single detached or duplex residential
dwelling, if listed as a permitted use in the underlying zoning, may be developed in
conformance with the provisions ofthe underlying zone district.
I. Minimum Lot Size.
2. Minimum Lot Area per dwelling unit.
3. Minimum lot width.
4. Minimum front yard.
5. Minimum side yard.
6. Minimum rear yard.
7. Maximum site coverage.
Proposed PUD page 5
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8. Maximum height (including view planes).
9. Minimum distance between buildings on the lot.
10. Minimum percent open space required for the building site.
II. Trash access area.
12. Allowable Floor Area.
13. Minimum off-street parking spaces.
14. Other dimensions determined necessary to establish through the PUD process.
26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor Pun.
A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor
PUD shall comply with the following standards and requirements. Due to the limited issues
associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain
standards shall not be applied as noted. The burden shall rest upon an applicant to show the
reasonableness of the development application, and its conformity to the standards and
procedures ofthis Chapter and this title.
A. General requirements.
I. The proposed development shall be consistent with the Aspen Area Community Plan.
2. The proposed development shall be consistent with the character of existing land uses
in the surrounding area. .
3. The proposed development shall not adversely affect the future development of the
surrounding area.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD as described in General Provisions, Section 26.445.040,
above. The dimensional requirements of the underlying zone district shall be used as
a guide in determining the appropriate dimensions for the PUD. During review of the
proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed dimensional
requirements shall comply with the following:
I. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade, and significant vegetation and landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Proposed PUD page 6
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2. The proposed dimensional requirements permit a scale, massing, and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed.
c) The availability of public transit and other transportation facilities, including
those for pedestrian access andlor the commitment to utilize automobile
disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Note: The approved dimensional requirements for all lots within the PUD are
required to be reflected in the final PUD development plans.
c.
Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public
spaces, and ensures the public's health and safety. The proposed development shall
comply with the following:
I. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
4. Buildings and acce ssway s are~pp opriately arr:;:d to allow emergency and \\
service vehicle access. . 0' -\W. ~... c;\,~~ vJ ~"<-
5. Adequate pedestrian and handi apped access is provided. , 0. \('l
6. Site drainage is accommodated in a practical and reasonable manner. ""~
7. For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programatic functions associated with the use.
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D. Landscape plan.
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing and
proposed features of the subject property. The proposed development shall comply
with the following:
I. The landscape plan exhibits a well designated treatment of exterior spaces,
preserves existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
Proposed PUD page 7
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3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
E. Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City while
promoting efficient use of resources. Architectural character is based upon the
suitability of a building for its purposes, legibility of the building's use, the building's
proposed massing, proportion, scale, orientation to public spaces and other buildings,
use of materials, and other attributes which may significantly represent the character
of the proposed development. There shall be approved as part of the final
development plan an architectural character plan, which adequately depicts the
character of the proposed development. The proposed architecture of the
development shall:
I. be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a character
suitable for, and indicative of, the intended use, and respect the scale and massing
of nearby historical and cultural resources.
2. incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less-intensive mechanical systems.
3. accommodate the storage and shedding of snow, ice, and water in a safe and
appropriate manner that does not require significant maintenance.
F. Lighting.
The purpose of this criterion to ensure the exterior of the development will be lighted
in an appropriate manner considering both public safety and general aesthetic
concerns. The following criterion shall be accomplished:
I. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. Lighting of site features, structures, and
access ways is proposed in an appropriate manner.
2. All exterior lighting shall in compliance with the Outdoor Lighting Standards
unless otherwise approved and noted in the final PUD documents. Up-lighting of
site features, buildings, landscape elements, and lighting to call inordinate
attention to the property is discouraged for residential development.
G.. Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation area
for the mutual benefit of all development in the proposed pun, the following criteria
shall be met:
I. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character ofthe proposed development, considering
existing and proposed structures and natural landscape features of the property,
provides visual relief to the property's built form, and is available to the mutual
benefit of the various land uses and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the pun or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
Proposed PUD page 8
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facilities together with a deed restriction against future residential, commercial,
or industrial development.
H. Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an undue
burden on the City's infrastructure capabilities and that the public does not incur an
unjustified financial burden. The proposed utilities and public facilities associated
with the development shall comply with the following:
I. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
L Access and Circulation. (Only standards 1&2 apply to Minor PUD applications)
The purpose of this criteria is to ensure the development is easily accessible, does not
unduly burden the surrounding road network, provides adequate pedestrian and
recreational trail facilities and minimizes the use of security gates. The proposed
access and circulation of the development shall meet the following criteria:
I. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a pedestrian
way, or other area dedicated to public or private use.
2. The proposed development, vehicular access points, and parking arrangement do
not create traffic congestion on the roads surrounding the proposed development,
or such surrounding roads are proposed to be improved to accommodate the
development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedestrian trail system, and adequate access to
significant public lands and the rivers are provided through dedicated public trail
easements and are proposed for appropriate improvements and maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted specific
plans regarding recreational trails, pedestrian and bicycle paths, and
transportation are proposed to be implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
6. Security gates, guard posts, or other entryway expressions for the PUD, or for
Lots within the PUD, are only proposed where necessary and are minimized to
the extent practical.
J. Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not create an
unnecessary burden on the public or surrounding property owners and impacts of an
individual phase are mitigated adequately. If phasing of the development plan is
proposed, each phase shall be defined in the adopted final PDD development plan.
The phasing plan shall comply with the following:
I. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
Proposed PUD page 9
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2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate improvements
to public facilities, payment of impact fees and fee~-in-lieu, construction of any
facilities to be used jointly by residents of the PUD, construction of any required
affordable housing, and any mitigation measures are realized concurrent or prior
to the respective impacts associated with the phase.
26.445.060 Application Materials.
A. Conceptual Development Plan.
The contents of a development application for a conceptual development plan shall
include the following:
1. The general application information required in Common Procedures, Section
26.304.
2. A Site Improvement Survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes falling within the
thresholds described in General Provisions, Section 26.445.040.
c) All legal easements and restrictions.
3. A conceptual description and site plan of the proposed development including a
statement of the objectives to be achieved by the PUD and a description of the
proposed land uses, densities, natural features, traffic and pedestrian circulation,
off-street parking, open space areas, infrastructure improvements, and site
drainage.
4. A conceptual architectural character plan generally indicating the use, massing,
scale, and orientation of the proposed buildings.
5. A conceptual landscape plan generally describing the type, location, and size of
existing and proposed landscape features.
6. A general description of the dimensional requirements being considered.
7. A written response to each of the PUD Review Criteria contained in section
25.445.050.
B. Final, Consolidated, and Minor Development Plan.
The contents of the development application for a Final Consolidated Conceptual and
Final, and Minor development plan shall include the following:
1. The general application information required in Common Procedures, Section
26.304.
2. A Site Improvement Survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes falling within the
thresholds described in <ieneral Provisions, Section 26.445.040.
c) All legal easements and restrictions.
3. A detailed description and site plan of the proposed development including a
statement of the objectives to be achieved by the PUD and a description of the
proposed land uses, densities, natural features, traffic and pedestrian circulation,
off-street parking, open space areas, infrastructure improvements, and site
drainage.
Proposed PUD page 10
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4. An architectural character plan indicating the suitability of a building for its
purposes, legibility of the building's use, the building's proposed massing,
proportion, scale, orientation to public spaces and other buildings, use of
materials, and other attributes which may significantly represent the proposed
development.
5. A landscape plan depicting:
a) The type, location, and size of all existing plant materials and other
landscape features.
b) The proposed method of protecting vegetation through construction.
c) The type and location of all proposed plant materials, other landscape
features proposed treatment of ground surfaces, and a plant material schedule
with common and botanical names, sizes, and quantities.
6. A statement specifying the public facilities that will be needed to accommodate
the proposed development, and what specific assurances will be made to ensure
the public facilities will be available to accommodate the proposed development.
7. A statement specifying the method of maintaining any proposed common areas
on the site, including but not limited to common parking areas, walkways,
landscaped areas, and recreational facilities, and what specific assurances will be
made to ensure the continual maintenance of said areas.
8. A description of the dimensional requirements requested to be established
through the review.
9. A description of any proposed project phasing detailing the specific
improvements proposed for each phase.
10. A written response to each of the PUD Review Cri.teria contained in section,
Section 26.445.050.
II. A proposed plat which depicts the applicable information required by Section
26.480.060(A)(3) and (B).
12. Proposed PUD Plans and a proposed PUD Agreement.
26.445.070 Recording a Final PUD Development Plan.
A. General.
Unless otherwise specified in the City Council Ordinance granting final approval of a
PUD development plan, all necessary documents, as applicable, shall be recorded
within one-hundred-and-eighty (180) days of the adoption date of the final
Ordinance. Failure to file these documents within this time period shall render null
and void the approval of a final development plan. The City Council may, at its sole
discretion and for good cause shown, grant an extension of the deadline, provided a
written request for extension is received no less than thirty (30) days prior to the
deadline. Reconsideration of the final development plan and PUD agreement by the
Planning and Zoning Commission and City Council may be required before its
acceptance and recording.
The final development plan, which shall consist, as applicable, of final plats,
drawings, and agreements as described below shall be recorded in the office of the
Pitkin County Clerk and Recorder, and shall be binding upon the property owners
subject to the development order, their successors and assigns, and shall constitute
the development regulations for the property. Development of the property shall be
limited to the uses, density, configuration, and all other elements and conditions set
forth on the final development plan and PUD agreement.
Proposed PUD page 11
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B. PUD Development Plans.
Unless otherwise specified in the final Ordinance, the final POO development plans
for recording shall include the following:
1. Final Plat.
2. Illustrative Site Plan.
3. Architectural Character Plan.
4. Landscape Plan.
5. Grading and Drainage Plan.
6. Utility and Public Facilities Plan.
C. PUD Agreement.
1. General. Unless otherwise specified in the final Ordinance, upon approval of a final
PUD development plan the applicant and City Council shall enter into an agreement
binding the PUD to any conditions placed on the development order.
2. Common park and recreation areas. The PUD agreement shall outline any
agreement on the part of the applicant, to deed to each lot or dwelling unit owner
within the POO, an undivided interest in all common park and recreations areas,
together with a deed restriction against future residential, commercial, or industrial
development.
3. Landscape guarantee. In order to ensure implementation and maintenance of the .
landscape plan, the City Council may require the applicant to provide a guarantee for
no less than one hundred twenty-five (125) percent of the current estimated cost of
the landscaping improvements in the approved landscape plan, as estimated by the
City engineer, to ensure the installation of all landscaping shown and the continued
maintenance and replacement of the landscaping for a period of two (2) years after
installation. The guarantee shall be in the form of a cash escrow with the City, or a
bank or savings and loan association, or an irrevocable sight draft or letter of
commitment from a financially responsible lender and shall give the City the
unconditional right upon demand to partially or fully complete or pay for any
improvements or pay any outstanding bills, or to withdraw funds upon demand to
partially or fully complete or pay for any improvements or pay for any improvement
or pay any outstanding bills for work done thereon by any party.
As portions of the landscaping improvements are completed, the City engineer shall
inspect them, and upon approval and acceptance, shall authorize the release of the
agreed estimated cost for that portion of the improvements, except that ten (10)
percent which shall be withheld until all proposed improvements are completed and
approved, and an additional twenty-five (25) percent, which shall be retained until
the improvements have been maintained in a satisfactory condition for two (2) years.
4. Public facilities guarantee. In order to ensure installation of necessary public
facilities planned to accommodate the development, the City Council shall require
the applicant to provide a guarantee for no less than one hundred (100) percent ofthe
current estimated cost of such public improvements, as estimated by the City
Engineer. The guarantee shall be in the form specified in Section 26.445.070(C)(3)
above, and may be drawn upon by the City as therein specified. As portions of the
public facilities improvements are completed, the City Engineer shall inspect them,
Proposed PUD page 12
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and upon approval and acceptance, shall authorize the release of the agreed estimated
cost for that portion of the improvements, except that ten (10) percent which shall be
withheld until all proposed improvements are completed and approved.
26.445.080 Notice ofPUD designation.
Subsequent to receipt of a development order for a Planned Unit Development (PUD), the
applicant shall file in the Clerk and Recorder's office of Pitkin County, Colorado, the following
notice:
Notice ofPUD Designation
PLEASE TAKE NOTE that on the day of
the City Council of Aspen, Colorado, approved development on the
following described tract as a Planned Unit Development pursuant to the
provisions of Chapter 26.445 of the Aspen Municipal Code. No
development shall occur on the tract except in accordance with such
development order and under any conditions that may be imposed thereby.
The above referred to land is located within the City of Aspen, Pitkin
County, Colorado, and is more fully described as follows:
(Insert Legal Description)
A copy of the Planned Unit Development Final Development Plan is of
record in the office ofthe Pitkin County Clerk and Recorder.
City Clerk
STATE OF COLORADO )
) SS:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
, , by , City Clerk. -
Witness my hand and official seal. .
Notary Public
My Commission expires:
26.445.090 Placement of PUD designation on Official Zone District Map.
After approval of a final PUD development plan, the Community Development Director shall
amend the City's Official Zone District Map to show a Planned Unit Development (PUD)
designation.
26.445.100 Amendment ofPUD development order.
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final
development plan may be authorized by the Community Development Director. The
following shall not be considered an insubstantial amendment:
Proposed PUD page 13
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I. A change in the use or character of the development.
2. An increase by greater than three (3) percent in the overall coverage of structures
on the land.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
4. A reduction by greater than three (3) percent ofthe approved open space.
5. A reduction by greater than one (1) percent of the off-street parking and loading
space.
6. A reduction in required pavement widths or rights-of-way for streets and
easements.
7. An increase of greater than two (2) percent in the approved gross leasable floor
area of commercial buildings.
8. An increase by greater than one (I) percent in the approved residential density of
the development.
9. Any change which is inconsistent with a condition or representation of the
project's original approval or which requires granting a variation from the
project's approved use or dimensional requirements.
B. Other amendment.
An amendment found to be consistent with or an enhancement of the approved final
development plan by the Community Development Director may be approved by the
Planning and Zoning Commission, at a duly noticed public hearing, pursuant to the
Review Standards, Section 26.445.050.
If either the Community Development Director or the Planning and Zoning
Commission determine the proposed amendment is not consistent with the approved
final development plan, the amendment shall be subject to final developrnent plan
review and approval by the Planning and Zoning Commission and City Council,
pursuant to Section 26A45.030(C) Steps 3 and 4.
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An applicant may appeal an amendment determination made by the Community
Development Director or the Planning and Zoning Commission to the City Council.
In this case, the determinations made by the Community Development Director or the
Planning and Zoning Commission shall be considered a recommendation and the
amendment shall be subject to final development plan review and approval by the
Planning and Zoning Commission and City Council, pursuant to Section
26.445.030(C) Steps 3 and 4.
During the review of the proposed amendment, the Planning and Zoning Commission
and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community circumstances. This
shall include, but not be limited. to, portions of the development which have not
obtained building permits or are proposed to be amended, any new community
polices or regulations which have been implemented since the original approval, or
changed or changing commnnity circumstances as they affect the project's original
representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review
process.
Proposed PUD page 14
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C. Absence of approved final development plan.
In the absence of an approved final development plan for a site designated PUD on
the Official Zone District Map, an accurate improvements survey of existing
conditions may be substituted to permit evaluation of whether the proposal is an
insubstantial or other amendment.
26.445.110 Enforcement ofPUD development order.
A. City.
The provisions of a development order approving a final development plan for a PUD ,
relating to the use of land and the location of common open space shall run in favor
of the City, and shall be enforceable at law or in equity by the City, without
limitation on any power or regulation otherwise granted by law.
B. Residents.
All provisions of the development order approving a final development plan for a
PUD shall also run in favor of the residents, occupants, and owners of the PUD, but
only to the extent expressly provided in the development order and in accordance
with the terms of the final development plan. To that extent, said provisions, whether
recorded by plat, covenant, easement or otherwise, may be enforced at law or in
equity by residents, occupants, or owners acting individually, jointly, or through an
organization designated in the development order to act on their behalf. However, no
provisions of the development order shall be implied to exist in favor of residents,
occupants, and owners except those provisions of the' development order which have
received approval.
C. Release by City.
All those provisions of the development order approving a final development plan for
a PUD authorized to be enforced by the City, may be modified, removed or released
by the City subject to the following:
No modification, removal or release of the provisions shall affect the rights of the
residents,' occupants, and owners of the PUD to maintain and enforce these
provisions at law or equity as provided in Section 26.445.llO(B).
No modification, removal, or release of the provisions of the development order by
the City shall be permitted except upon compliance with the requirements of Section
26.445.100.
D. Release by residents.
Residents and owners of the PUD may, to the extent and in the manner expressly
authorized by the provisions of the development order, modify, remove or release
their rights to enforce the provisions of the development order, but no such action
shall affect the right ofthe City to enforce the development order.
E. Enforcement of open space and common area conditions.
In the event the organization established to own and maintain common open spaces,
recreation areas, communally-owned facilities and private streets, or any successor
organization shall at any time fail to maintain the common facilities in reasonable
order and condition in accordance with the approved open space plan in the final
development plan, the City Council may cause written notice to be served upon such
organization or upon the owners of property in the development setting forth the
Proposed PUD page 15
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manner in which the common facilities have failed to be maintained in reasonable
condition, which notice shall include the demand that the deficiencies noted be cured
within thirty (30) days. If the deficiencies noted are not cured within thirty (300 days,
an additional notice shall be sent setting forth a date and place of a hearing to be held
within fourteen (14) days of notice.
At the time of hearing, the City Council may modify the terms of the original notice as
to deficiencies and may extend the time within which the same may be cured. If the
deficiencies set forth in the original notice or modifications are not cured within the
time set, the City Council, in order to preserve the taxable values of properties within
the development and to prevent the common facilities from becoming a public
nuisance, may enter upon such common facilities and maintain the same for a period
of one year. Such entry and maintenance shall not vest in the public any right to use
the common facilities not dedicated to public use.
Before expiration of the one-year period, the City Council shall, upon its own
initiative or upon the written request of the organization responsible for maintenance,
call a public hearing and give notice of such hearing to the organization responsible
for maintenance or the property owners of the PUD. At such hearing, the organization
responsible for maintenance and/or the residents of the development may show cause
why maintenance by the City of Aspen should not be continued for the succeeding
year. If the City Council determines that it is not necessary for the City to continue
such maintenance, the City shall cease such maintenance at the time established by the
City Council. Otherwise, the City shall continue maintenance for the next succeeding
year, subject to a similar hearing and determination at the end of each year thereafter.
The cost of maintenance by the City shall be a lien against the common facilities of
the PUD and the private properties within the development.
The City Council shall have the right to make assessments against properties in the
development on the same basis that the organization responsible for maintenance of
the facilities could make such assessments. Any unpaid assessment shall be a lien
against the property responsible for the same, enforceable the same as a mortgage
against such property. The City may further foreclose its lien on the common facility
by certifying the same to the county treasurer for collection as in the case of collection
of general property taxes.
Proposed PUD page 16
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Chapter 26.445
Exhibit B
Existing PUD
PLANNED UNIT DEVELOPMENT (plJD)
Sections:
26.445.010
26.445.020
26.445.030
26.445.040
26.445.050
26.445.060
26.445.070
26.445.080
26.445.090
26.445.100
26.445.11 0
Purpose.
Applicability.
Procedures for Review.
Review Standards.
Application.
PUD agreement.
Notice ofPOO designation.
Placement of POO designation on official zone district map.
Recordation.
Amendment ofPOO development order.
Enforcement ofPOO development order.
26.445.010 Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility
and innovation in the development of land which:
A. Promotes greater variety in the type, design, and layout of buildings.
B. Improves the design, character and quality of development.
C. Promotes more efficient use of land, public facilities, and governmental services.
D. Preserves open space to the greatest extent practicable.
E. Achieves a compatibility of land uses.
F. Provides procedures so that the type, design, and layout of development encourages
the preservation of natural and scenic features.
26.445.020 Applicability.
Before any development shall occur on land designated Planned Unit Development
(PUD) on the official zone district map or before development can occur as a Planned Unit
Development (PUD), it shall receive PUD approval pursuant to the terms of this Chapter,
provided that in no event shall compliance with this Chapter be required for the construction of a
single detached or duplex residential dwelling on a separate lot. All land with a Planned Unit
Development (PUD) designation shall also be designated with an underlying zone district
designation which is determined most appropriate for that land. A development application for a
Planned Unit Development may be applied for by the property owners of any proposed
development in the City of Aspen that is on a parcel of land greater than twenty-seven thousand
(27,000) square feet. A Planned Unit Development (PUD) designation may be applied to land
intended for residential, commercial, tourist or other development purposes.
26.445.030 Procednres for Review.
A. General. Any development within a Planned Unit Development (PUD) shall be
reviewed pursuant to the procedures and standards in this Chapter and the Common
Development Review Procedures set forth at Chapter 26.304. Unless the Community
Existing PUD page 1
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Development Director determines that the application should consolidate conceptual
and final review in accordance with subsection B below, the procedure requires
review and approval of a conceptual development plan and final development plan by
the Planning and Zoning Commission and City Council. A development application
for Planned Unit Development (PUD) designation shall be received and considered
concurrently with a development application for a conceptual development plan.
B. Consolidated review.
I. Conceptual and final development plan. An applicant may request and the
Community Development Director may determine that because of the limited
extent of the issues involved in a proposed Planned Unit Development in relation
to these review procedures and standards, or because of a significant community
interest which the project would serve, it is appropriate to consolidate conceptual
and final development plan review. The Community Development Director shall
consider whether the full four step review would be redundant and serve no public
purpose and inform the applicant during the pre-application stage whether
consolidation will be permitted. An application which is determined to be eligible
for consolidation shall be processed pursuant to the terms and procedures of final
development plan review. The Planning and Zoning Commission or the City
Council may, during review, determine that the application should be subject to
both conceptual and final plan review, in which case consolidated review shall not
occur.
2. Other development review applications. An applicant may request and
the Community Development Director may determine that an application for
development within a Planned Unit Development may be consolidated at the
third step with a development application for conditional use, special review,
ESA review, subdivision review, text amendment, rezoning, and/or for certain
GMQS exemptions. However, if the applicant requests consideration of code
text amendment or rezoning, these applications may be considered at the
conceptual steps, subject to final review at steps three and four.
C. Steps Required: Unless consolidated in accordance with subsection B above, there
are four steps required for the review of an application for development within a
Planned Unit Development:
1. Step One - Hearing before the Planning and Zoning Commission.
a.
Purpose:
To determine if application meets standards for PUD.
b. Notice requirements: None.
c. Standards of review: Section 26.445.040.
d. P&Z action: Resolution approving, approving with conditions, or
disapproving conceptual development plan for PUD.
2. Step Two - Public Hearing before City Council.
Existing PUD page 2
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a. Purpose: To review recommendations of Planning and Zoning
Commission and to determine if the application meets the standards for
conceptual review of an PUD.
b. Notice requirements: Requisite notice requirements for adoption of a resolution
by City Council and publication, posting and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
c. Standards of review: Section 26.445.040.
d. City Council action: Resolution approving, approving with conditions, or
disapproving conceptual plan for PUD.
3. Step Three - Public Hearing before the Planning and Zoning Commission.
a. Purpose: To review application for final development plan to determine if
it meets the standards for an PUD.
b.
Notice requirements: Publication,
26.304.060(E)(3)(a),(b), and (c).)
posting
and mailing.
(See
c. Standards of review: Section 26.445.040.
d. P&Z action: Resolution recommending to the City Council approval,
approval with conditions, or disapproval of the PUD.
4. Step Four - Public Hearing before the City Council.
a. Purpose: To review recommendations by Planning and Zoning
Commission and to determine if application for final development plan meets
the standards for an PUD.
b. Notice requirements: Requisite notice requirements for adoption of an
ordinance by City Council and publication, posting and mailing. (See
26.304.060(E)(3)(a),(b), and (c).)
c. Standards of review: Section 26.445.040.
d. City Council: Ordinance approving, approving with conditions, or
disapproving the PUD.
D. Limitations. A development application for a final development plan shall be
submitted within one (1) year ofthe date of approval of a conceptual development
plan. Unless an extension is granted by the City Council prior to expiration, failure
to file such an application within this time period shall render null and void the
approval of a conceptual development plan. Approval of a conceptual development
plan shall not constitute final approval for development in a Planned Unit
Development, or permission to proceed with development. Such approval shall
only constitute authorization to proceed with a development application for a final
development plan.
Existing PUD page 3
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26.445.040. Review standards. A development application for PUD shall comply
with the following standards and requirements:
A.
1.
2.
3.
4.
B.
1.
General requirements.
The proposed development shall be consistent with the Aspen Area Community
Plan.
The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
The proposed development shall not adversely affect the future development of the
surrounding area.
Final approval shall only be granted to the development to the extent to which
GMQS allotments are obtained by the applicant.
Density.
General. The maximum density shall be no greater than that permitted in the
underlying zone district. Furthermore, densities may be reduced if:
a. There is not sufficient water pressure and other utilities to service the proposed
development;
b. There are not adequate roads to ensure fire protection, snow removal and road
maintenance to the proposed development;
c. The land is not suitable for the proposed development because of its slope,
ground instability, and the possibility of mud flow, rock falls and avalanche
dangers;
d. The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion and consequent water pollution;
e. The proposed development will have a deleterious effect on air quality in the
surrounding area and the City; or
f. The design and location of any proposed structure, road, driveway, or trail in
the proposed development is not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
2. Reduction in density for slope consideration.
a. In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil
stability; and guarantee adequate fire protection access, the density of a PUD
shall also be reduced in areas with slopes in excess of twenty (20) percent in the
following manner:
(I) For lands between ,zero (0) and twenty (20) percent slope, the maximum
density allowed shall be that permitted in the underlying zone district;
Existing PUD page 4
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(2) For lands greater than twenty (20) but less than thirty (30) percent slope, the
maximum density allowed shall be reduced to fifty (50) percent of that
permitted in the underlying zone district;
(3) For lands greater than thirty (30) but less than forty (40) percent slope, the
density shall be reduced to twenty-five (25) percent of that allowed in the
underlying zone district; and
(4) For lands in excess of forty (40) percent slope, no density credit shall be
allowed.
b. Maximum density for the entire parcel on which the development is proposed
shall be calculated by each slope classification, and then by dividing the square
footage necessary in the underlying zone district per dwelling unit.
c. For parcels resting in more than one (I) underlying zone district, the density
reduction calculation shall be performed separately on the lands within each
zone district.
C. Land uses. The land uses permitted shall be those of the underlying zone district.
Detached residential units may be authorized to be clustered in a zero lot line or row
house configuration, but multi- family dwelling units shall only be allowed when
permitted by the underlying zone district.
D. Dimensional requirements. The dimensional requirements shall be those of the
underlying zone district; provided, that variations may be permitted in the following:
I. Minimum distance between buildings;
2. Maximum height (including viewplanes);
3. Minimum front yard;
4. Minimum rear yard;
5 Minimum side yard;
6. Minimum lot width;
7. Minimum lot area;
8. Trash access area;
9. Internal floor area ratio; and
10. Minimum percent open space.
If a variation is permitted in minimum lot area, the area of any lot may be greater
or less than the minimum requirement of the underlying zone district, provided the
total area of all lots, when averaged, at least equals the permitted minimum for the
zone district. Any variation permitted shall be clearly indicated on the final
development plan.
E. Off-street parking, The number of off-street parking spaces may be varied from that
required in the underlying zone district based on the following considerations.
I. The probable .number of cars used by those using the proposed development.
2. The parking needs of any nonresidential uses.
Existing PUD page 5
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3. The varying time periods of use, whenever joint use of common parking is
proposed.
4. The availability of public transit and other transportation facilities, including those
for pedestrian access and/or the commitment to utilize automobile disincentive
techniques in the proposed development.
5. The proximity of the proposed development to the commercial core or public
recreational facilities in the City.
Whenever the number of off-street parking spaces is reduced, the City shall obtain
assurance that the nature of the occupancy will not change.
F. Open space. The open space requirement shall be that ofthe underlying zone district.
However, a variation in minimum open space may be permitted if such variation
would not be detrimental to the character of the proposed Planned Unit Development
(PUD), and if the proposed development shall include open space for the mutual
benefit of all development in the proposed Planned Unit Development (PUD) through
a common park or recreation area. An area may be appn;>ved as a common park or
recreation area if it;
I. Is to be used and is suitable for scenic, landscaping, or recreation purposes; and
2. Is land which is accessible and available to all dwelling units or lots for whom the
common area is intended.
A proportionate, undivided interest in all common park and recreation areas shall
be deeded in perpetuity to each lot or dwelling unit owner within the Planned Unit
Development (PUD), together with a deed restriction against future residential,
commercial, or industrial development.
Any plan for open space shall also be accompanied by a legal instrument which
ensures the permanent care and maintenance of open spaces, recreation areas, and
'communally owned facilities.
G. Landscape plan. There shall be approved as part of the final development plan a
landscape plan, which exhibits a well designated treatment of exterior spaces. It shall
provide an ample quantity and variety of ornamental plant species that are regarded as
suitable for the Aspen area climate.
H. Architectural site plan. There shall be approved as part of the final development plan
an architectural site plan, which ensures architectural consistency in the proposed
development, architectural character, building design, and the preservation of the
visual character of the City. It is not the purpose of this review that control of
architectural character be so rigidly enforced that individual initiative is stifled in the
design of a particular building, or substantial additional expense is required.
Architectural character is based upon the suitability of a building for its purposes,
upon the appropriate use of materials, and upon the principles of harmony and
proportion of the buildings with each other and surrounding land uses. Building
design should minimize disturbances to the natural terrain and maximize the
Existing PUD page 6
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preservation of existing vegetation, as well as enhance drainage and reduce soil
erosion.
I. Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands.
1. Clustering. Clustering of dwelling units is encouraged.
K. Public facilities. The proposed development shall be designed so that adequate public
facilities will be available to accommodate the proposed development at the time
development is constructed, and that there will be no net public cost for the provision
of these public facilities. Further, buildings shall not be arranged such that any
structure is inaccessible to emergency vehicles.
L. Traffic and pedestrian circulation.
1. Every dwelling unit, or other land use permitted in the Planned Unit Development
(PUD) shall have access to a public street either directly or through an approved
private road, a pedestrian way, or other area dedicated to public or private use.
2. Principal vehicular access points shall be designed to permit smooth traffic flow
with controlled turning movement and minimum hazards to vehicular or pedestrian
traffic. Minor streets within the Planned Unit Development (PUD) shall not be
connected to streets outside the development so as to encourage their use by
through traffic.
3. The proposed development shall be designed so that it will not create traffic
congestion on the arterial and collector roads surrounding the proposed
development, or such surrounding collector or arterial roads shall be improved so
that they will not be adversely affected.
4. Every residential building shall not be farther than sixty (60) feet from an access
roadway or drive providing vehicular access to a public street.
5. All nonresidential land uses within the Planned Unit Development (PUD) shall
have direct access to a collector or arterial street without creating traffic hazards or
congestion on any street.
6. Streets in the Planned Unit Development (PUD) may be dedicated to public use or
retained under private ownership. Said streets and associated improvements shall
comply with all pertinent City regulations and ordinances.
The burden shall rest upon an applicant to show the reasonableness of the
development application, and its conformity to the standards and procedures of this
Chapter and this title.
26.445.050.
Application.
A. Conceptual development plan.
Existing PUD page 7
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I. Contents of application. The contents of a development application for a
conceptual development plan shall include the following.
a. The general application information required in Common Development Review
Procedures, Section 26.304.030;
b. A conceptual description of the proposed Planned Unit Development (PUD).
This shall include but not be limited to a statement of the objectives to be
achieved by the Planned Unit Development and a conceptual description of
proposed land uses, building heights and locations, landscaping, open space,
natural features, and accessways;
c. A statement conceptually outlining how the proposed PUD development will be
served with the appropriate public facilities, and how assurance will be made
that those public facilities are available to serve the proposed development; and
. d. A conceptual site plan, illustrating:
(I) Existing natural and manmade features.
(2) General configuration of proposed land uses, access ways, and existing and
proposed utilities.
(3) A general landscaping plan and elevations or other architectural renderings
of the proposed improvements, which at a conceptual level, depict general
site design features, building mass and height, and relation to natural
features of the site. .
B. Final development plan.
I. Contents of application. The contents of the development application for a final
development plan shall include the following:
a. The general application information required in Common Development Review
Procedures, Section 26.304.030.
b. A detailed plan of the proposed development which includes but is not limited
to proposed land uses, densities, natural features, internal traffic circulation
plans, and off-street parking and open space areas. The plan shall be of
sufficient detail to enable evaluation of the design features and natural features
of the proposed development. It shall show the location and floor area of all
existing and proposed buildings and other improvements including their height,
dwelling unit types and all nonresidential facilities.
c. A statement specifying how the development complies with the dimensional
and off-street parking requirements of the underlying zone district on the parcel
proposed for development, and a specific listing of any variations requested
from these requirements.
d. A statement specifying the public facilities that will be needed to accommodate
the proposed development, and what specific assurances will be made to ensure
Existing PUD page 8
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the public facilities will be available to accommodate the proposed
development.
e. A statement outlining a development schedule specifying the date construction
is proposed to be initiated and completed, any proposed public facilities the
developer is proposing to construct, and the phasing and construction of the
proposed public facilities.
f. A statement of the reasonable conformance of the final development plan with
the approval granted to the conceptual development plan.
g. An architectural sketch indicating floor plans and all exterior elevations of any
buildings or other structures proposed for development.
h. A landscape plan indicating the treatment of exterior spaces in the proposed
development. The landscape plan should show:
(I) The extent and location of all plant materials and other landscape features;
(2) Flower and shrub bed definition;
(3) Proposed plant material at mature sizes and in appropriate relation to scale;
(4) Species and size of existing plant material;
(5) Proposed treatment of all ground surfaces (e.g., paving, turf, and gravel);
(6) Location of water outlets; and
(7) A plant material schedule with common and botanical names, sizes,
quantities and method of transplant.
i. A topographic map prepared by a registered land surveyor, registered landscape
architect or registered engineer identifying the areas on the parcel proposed for
development where slopes are:
(I) Between zero (0) and twenty (20) percent;
(2) Between twenty-one (21) and thirty (30) percent;
(3) Between thirty-one (31) and forty (40) percent;
(4) In excess offorty (40) percent.
j. An open space plan, and if applicable, a legal instrument or instruments setting
forth a plan providing for the permanent care and maintenance of open spaces,
recreational areas and communally-owned facilities and private streets. If the
common open space is proposed to be deeded to a homeowners association, the
proposed documents governing the association shall also be submitted. Such
documents shall meet the following requirements: (a) The homeowners'
association must be established before any residences are sold (b) membership
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in the association must be mandatory for each residence owner (c) open space
restrictions must be permanent and not for a period of years (d) the
homeowners' association must be made responsible for liability insurance, taxes
and maintenance of recreational and other facilities (e) the association must
have the power to levy assessments which can become a lien on individual
premises for the purpose of paying the cost of operating and maintaining
common facilities(f) the governing board of any such association shall consist
of at least five (5) members who shall be owners of property in the Planned
Unit Development (PUD).
k. A plat which depicts the applicable information required by Section
26.480.060(A)(3). '
I. A proposed PUD agreement which conforms to Section 26.445.060 below.
26.445.060 PUD agreement.
A. General. Upon approval of a final development plan for the Planned Unit
Development (PUD), the applicant and City Council shall enter into a Planned Unit
Development (PUD) agreement binding the PUD to any conditions placed on the
development order.
B. Common park and recreation areas. The PUD agreement shall outline any agreement
on the part of the' applicant, to deed to each lot or dwelling unit owner within the
Planned Unit Development (PUD), an undivided interest in all common park and
recreations areas, together with a deed restriction against future residential,
commercial, or industrial development.
C. Landscape guarantee. In order to ensure implementation and maintenance of the
landscape plan, the City Council may require the applicant to provide a guarantee for
no less than one hundred twenty-five (125) percent of the current estimated cost of the
landscaping improvements in the approved landscape plan, as estimated by the City
engineer, to ensure the installation of all landscaping shown and the continued
maintenance and replacement of the landscaping for a period of two (2) years after
installation. The guarantee shall be in the form of a cash escrow with the City, or a
bank or savings and loan association, or an irrevocable sight draft or letter of
commitment from a financially responsible lender and shall give the City the
unconditional right upon demand to partially or fully complete or pay for any
improvements or pay any outstanding bills, or to withdraw funds upon demand to
partially or fully complete or pay for any improvements or pay for any improvement
or pay any outstanding bills for work done thereon by any party.
As portions of the landscaping improvements are completed, the City engineer shall
inspect them, and upon approval and acceptance, shall authorize the release of the
agreed estimated cost for that portion of the improvements, except that ten (10)
percent which shall be withheld until all proposed improvements are completed and
approved, and an additional twenty-five (25) percent, which shall be retained until the
improvements have been maintained in a satisfactory condition for two (2) years.
D. Public facilities guarantee. In order to ensure installation of necessary public
facilities planned to accommodate the development, the City Council shall require the
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. applicant to provide a guarantee for no less than one hundred (100) percent of the
current estimated cost of such public improvements, as estimated by the City
Engineer. The guarantee shall be in the form specified in Section 26.445.060(C)
above, and may be drawn upon by the City as therein specified. As portions of the
public facilities improvements are completed, the City Engineer shall inspect them,
and upon approval and acceptance, shall authorize the release of the agreed estimated
cost for that portion of the improvements, except that ten (10) percent which shall be
withheld until all proposed improvements are completed and approved.
26.445.070 Notice ofPOO designation.
Subsequent to receipt of a development order for a Planned Unit Development (PUD),
the applicant shall file in the Clerk and Recorder's office of Pitkin County, Colorado, the
following notice:
Notice ofPUD Designation
PLEASE TAKE NOTE that on the day of ,
the City Council of Aspen, Colorado, approved development on the
following described tract as a Planned Unit Development pursuant to the
provisions of Chapter 26.445 of the Aspen Municipal Code. No
development shall occur on the tract except in accordance with such
development order and under any conditions that may be imposed thereby.
The above referred to land is located within the City of Aspen, Pitkin
County, Colorado, and is more fully described as follows:
(Insert Legal Description)
A copy of the Planned Unit Development Final Development Plan is of
record in the office of the Pitkin County Clerk and Recorder.
City Clerk
STATE OF COLORADO )
) SS:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
, , by , City Clerk. -
Witness my hand and official seal.
Notary Public
My Commission expires:
26.445.080 Placement of POO designation on official zone district map.
After final approval of a Planned Unit Development (PUD), the Community
Development Director shall amend the City's official zone district map to show a Planned Unit
Development (PUD) designation.
26.445.090 Recordation.
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The final development plan, which shall consist, as applicable, of final drawings
depicting the site plan, landscape plan, utility plan and building elevations, and Planned Unit
Development (PUD) agreement shall be recorded in the office of the Pitkin County Clerk and
Recorder, and shall be binding upon the property owners subject to the development order, their
successors and assigns, and shall constitute the development regulations for the property.
Development of the property shall be limited to the uses, density, configuration, and all other
elements and conditions set forth on the final development plan and PUD agreement. Failure on
the part of the applicant to record the final development plan and PUD agreement within a period
of one hundred eighty (180) days following its approval by City Council shall render the plan
invalid. Reconsideration of the final development plan and PUD agreement by the Planning and
Zoning Commission and City Council may be required before its acceptance and recording.
26.445.100 Amendment ofPOO development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial
amendment:
I. A change in the use or character of the development.
2. An increase by greater than three (3) percent in the overall coverage of structures
on the land.
3. Any amendment that substantially increases trip generation rates of the proposed
development, or the demand for public facilities.
4. A reduction by greater than three (3) percent of the approved open space.
5. A reduction by greater than one (I) percent of the off-street parking and loading
space.
6. A reduction in required pavement widths or rights-of-way for streets and
easements.
7. An increase of greater than two (2) percent in the approved gross leasable floor
area of commercial buildings.
8. An increase by greater than one (I) percent in the approved residential density of
the development.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from the project's
approved use or dimensional requirements.
B. Other amendment. Any other amendment shall be approved pursuant to the terms and
procedures of the final development plan; provided, that the proposed change is
consistent with or an enhancement of the approved final development plan. If the
proposed change is not consistent with the approved final development plan, the
amendment shall be subject to both conceptual and final development plan review and
approval.
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During the review of the proposed amendment, the Planning and Zoning Commission
and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community conditions. This
shall include, but not be limited to, applying to the portions of the development which
have not obtained building permits or are proposed to be amended any new
community polices or regulations which have been implemented since the original
approval, or taking into consideration changing community circumstances as they
affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review
process.
C. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated Planned Unit Development (PUD), an accurate
improvements survey of existing conditions may be substituted to permit evaluation of
whether the proposal is an insubstantial or other amendment.
26.445.110 Enforcement ofPOO development order.
A. City. The provisions of a development order approving a final development plan for a
Planned Unit Development (PUD) relating to the use of land and the location of
common open space shall run in favor of the City, and shall be enforceable at law or
in equity by the City, without limitation on any power or regulation otherwise granted
bylaw.
B. Residents. All provisions of the development order approving a final development
plan for a Planned Unit Development (PUD) shall also run in favor of the residents,
occupants, and owners of the Planned Unit Development (PUD), but only to the extent
expressly provided in the development order and in accordance with the terms of the
final development plan. To that extent, said provisions, whether recorded by plat,
covenant, easement or otherwise, may be enforced at law or in equity by residents,
occupants, or owners acting individually, jointly, or through an organization
designated in the development order to act on their behalf. However, no provisions of
the development order shall be implied to exist in favor of residents, occupants, and
' owners except those provisions of the development order which have received
approval. '
C. Release by City. All those provisions of the development order approving a final
development plan for a Planned Unit Development (PUD) authorized to be enforced
by the City, may be modified, removed or released by the City subject to the
following:
1. No modification, removal or release of the provisions shall affect the rights of the
residents, occupants, and owners of the Planned Unit Development (PUD) to
maintain and enforce these provisions at law or equity as provided in Section
26.445.110(B).
2.
No modification, removal, or release of the provisions of the development order by
the City shall be permitted except upon compliance with the requirements of
Section 26.445.100.
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D. Release by residents. Residents and owners of the Planned Unit Development (PUD)
may, to the extent and in the manner expressly authorized by the provisions of the
development order, modify, remove or release their rights to enforce the provisions of
the development order, but no such action shall affect the right of the City to enforce
the development order.
E. Enforcement of open space and common area conditions. In the event the
organization established to own and maintain common open spaces, recreation areas,
communally-owned facilities and private streets, or any succesSOr organization shall at
any time fail to maintain the common facilities in reasonable order and condition in
accordance with the approved open space plan in the final development plan, the City
Council may cause written notice to be served upon such organization or upon the
owners of property in the development setting forth the manner in which the common
facilities have failed to be maintained In reasonable condition, which notice shall
include the demand that the deficiencies noted be cured within thirty (30) days. If the
deficiencies noted are not cured within thirty (300 days, an additional notice shall be
sent setting forth a date and place of a hearing to be held within fourteen (14) days of
notice.
At the time of hearing, the City Council may modify the terms of the original notice as
to deficiencies and, may extend the time within which the same may be cured. If the
deficiencies set forth in the original notice or modifications are not cured within the
time set, the City Council, in order to preserve the taxable values of properties within
the development and to prevent the common facilities from becoming a public
nuisance, may enter upon such common facilities and maintain the same for a period
of one year. Such entry and maintenance shall not vest in the public any right to use
the common facilities not dedicated to public use.
Before expiration of the one-year period, the City Council shall, upon its own
initiative or upon the written request of the organization responsible for maintenance,
call a public hearing and give notice of such hearing to the organization responsible
for maintenance or the property owners of the Planned Unit Development (PUD). At
such hearing, the organization responsible for maintenance and/or the residents of the
development may show cause why maintenance by the City of Aspen should not be
continued for the succeeding year. If the City Council determines that it is not
necessary for the City to continue such maintenance, the City shall cease such
maintenance at the time established by the City Council. Otherwise, the City shall
continue maintenance for the next succeeding year, subject to a similar hearing and
determination at the end of each year thereafter. The cost of maintenance by the City
shall be a lien against the common facilities of the Planned Unit Development (PUD)
and the private properties within the development.
The City Council shall have the right to make assessments against properties in the
development on the same basis that the organization responsible for maintenance of
the facilities could make such assessments. Any unpaid assessment shall be a lien
against the property responsible for the same, enforceable the same as a mortgage
against such property. The City may further foreclose its lien outhe commoufacility
by certifying the same to the county treasurer for collection as in the case of collection
of general property taxes.
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