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Home My WebLink Aboutresolution.council.007-99 r- RESOLUTION NO.7 (SERIES OF 1999) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL PLANNED UNIT DEVELOPMENT APPROVAL FOR THE "BURLINGAME SEASONAL AFFORDABLE HOUSING PROJECT" PROPOSED AT THE NORTH EAST CORNER OF THE HIGHWAY 82 AND OWL CREEK ROAD INTERSECTION, WITHIN THE BURLINGAME RANCH PARCEL, PITKIN COUNTY, COLORADO. Parcel No. 2735.024.09.851 .,,-.... WHEREAS, the Community Development Department received an application from the City of Aspen, owner and applicant represented by Curtis and Associates and Baker and Associates on behalf of the Music Festival and School and Aspen Skiing Company, for Conceptual Planned Unit Development approval for a 69 residential unit, 203 bed, seasonal housing facility to be located near the intersection of State Highway 82 and the Owl Creek Road intersection, at a site commonly referred to as "parcel B," within the undivided Burlingame Ranch parcel as described in Exhibit A attached hereto; and, WHEREAS, attached to this Resolution as Exhibit B is a site plan conceptually illustrating the proposed land uses, building placements, landscaping, and accessways for the Burlingame Seasonal Housing project; and, WHEREAS, considering concerns raised by the Planning Commission during the December 15, 1998, meeting and other constraints, the applicant amended the proposed development configuration as depicted in Exhibit C; and, WHEREAS, Burlingame Ranch currently lies ~ntirelywithin Pitkin County and any land use approvals granted by the City of Aspen for this parcel are subject to annexation into the City of Aspen; and, WHEREAS, pursuant to Section 26.84, Planned Unit Development, of the Aspen Municipal Code, designation ofland as Planned Unit Development and development of land designated Planned Unit Development may be granted conceptual approval by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission, the appropriate referral agencies, and members of the general public; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, Parks Department, the City Transportation Planner, the Pitkin County Airport Administrator, the Pitkin County Planning Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a continued meeting on January 12, 1999, the Plauning and Zoning Commission recommended, by four to two (4 to 2) vote, that the Aspen City Council approve the Conceptual Planned Unit Development for the Burlingame Seasonal r- Resolution No.7, Series of 1999 Page 1 r- Housing project with the conditions recommended by the Community Development Department. WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified in Sections 26.52, and 26.84, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, and the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, this Conceptual Planned Unit Development approval grants the applicant the right to apply for Final Planned Unit Development approval within one (1) year of the adoption date of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: r- Section 1: Pursuant to Sections 26.52, and 26.84, and subject to those conditions of approval as specified hereinafter, the City Council hereby grants Conceptual Planned Unit Development approval for the Burlingame Seasonal Affordable Housing .Project, as described, subject to final annexation. r" Section 2: Conditions of Approval: I. This City land use action on this application are subject to annexation. Failure to annex this property shall render this land use action by the City void. 2. The final PUD application shall include: a. an application for Final PUD, Subdivision, Rezoning, Special Review, Growth Management, and Residential Design Standards. A pre-application conference with a member of the Community Development Department is required prior to submitting an application; b. delineation of all dimensional provisions to become requirements of the PUD. This includes any and all variations; c. a proposed subdivision plat and a Lot Area analysis of the property for purposes of density and allowable floor area calculations; d. a transit plan addressing the interim and long-term conditions for the Summer, Winter, and Shoulder Seasons; e. a construction plan delineating minimal areas of construction activity and a plan to protect as much of the natural vegetation as possible. The plan shall also delineate t 'any Resolution No.7, Series of 1999 Page 2 r" r- ('\ special provisions for site access and staging, any necessary Highway 82 traffic mitigation measures, a planned route for modular delivery (considering bridge heights, powerlines, etc.), a dust mitigation plan, provisions for contractor parking, and incentive programs for carpooling; f. delineation of the short-term and long-term maintenance of the site landscaping. There shall be submitted a plan or documents describing the on-going maintenance of all common areas and provisions which ensure landscape success for a three-year period; g. incorporation of an appropriate number of planting buffers in the parking areas. The requirements for said buffers are located in the Special Review section of the Land Use Code. The final application shall also delineate an appropriate amount of snow storage area. 3. The applicant is encouraged to lower the berm heights to a necessary minimum. 4. The applicant shall propose noise reduction construction techniques for the residences. A 30 dba reduction from exterior to interior is suggested. 5. With the Fire Marshall, the applicant shall investigate the ability to provide temporary vehicular and emergency access to the center of the proposed courtyard. A member of the City Planning Department is available to facilitate this discussion if desired. The applicant is encouraged to identify with the aid of the City Engineer all reports necessary for a full evaluation and submit those reports with the final application. Examples of typical information requested are a soils report and a drainage report. The applicant is encouraged to submit a "mock-up" plat for review, submit with the final application a draft plat and draft Subdivision Improvements Agreement, and make the necessary amendments to said documents prior to second reading of the final Ordinance by City Council. The applicant shall meet jointly with the City Council and the Planning and Zoning Commission to discuss site design issues prior to submitting a final PUD application. 6. 7. 8. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion Resolution No.7, Series of 1999 Page 3 ~, shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: A duly noticed public hearing on this Resolution was held on the 25th day of January, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 25th day of January, 1999. Approved as to form: Approved as to content: ~&d. r" Attest: Attachments: A -- Legal Description of Burlingame Ranch B -- Illustrative Conceptual Plan C -- Amended Illustrative Conceptual Plan ~. Resolution No.7, Series of 1999 Page 4 SCHEDULEA-OWNER'S POLICY ~~3=.~ofm~ ~~"'.I&{}- A r', CASE NUMBER PCT-9429C3 DATE OF .POLICY 01/16/97 @ 11:35 A.M. AMOUNT OF INStJRANCE $ 2,625,000.00 POLICY NUMBER 1312-70515 1. NAME OF INSt1RED: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HER.EIN IS AT DATE OF POLICY VESTED IN: CITY OF ASPEN, COLORADO, A COLORADO MUNICIPAL CORPORATION 4. THE LAND REFERRED TO IN THIS POLI~! I5 SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS 6 AND 18, SECTION 2, TCw"NSE:? 10 SOUT'A, RANGE 85 WEST OF THE. 6TH P.M. r- LOTS 1, 7, 8, 9, 10, 16, 17, 18, 19, 20 AND 21, SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WES7 OF THE 6TH P.M; EXCEPTING THEREFROM THE FOLLOW:~G PARCELS OF LAND AS DESCRIBED IN: BOOK 166 AT PAGE 152, BOOK 176 AT PAGE 611, BOOK 176 AT PAGE 318, BOOK 178 AT PAGE 524, BOOK 181 fl."!' P.l\.GE 320, BOOK 185 AT PAGE 150, BOOK 185 AT PAGE 199, BOOK 195 fl."!' PAGE 517, BOOK 199 AT PAGE 557, BOOK 202 AT PAGE 270, BOOK 213 AT PAGE 113, BOOK 225 AT PAGE 154, BOOK 243 AT PAGE 773, BOOK 243 AT PAGE 777, BOOK 294 AT PAGE 943, BOOK 302 AT PAGE 687, BOOK 322 AT PAGE 976, BOOK 323 AT PAGE 639, BOOK 335 AT PAGE 369, BOOK 335 AT PAGE 380, BOOK 335 AT PAGE 383, BOOK 351 AT PAGE 144, BOOK 742 AT PAGE 450 AND r.~T PARCEL EXCEPTED IN THE DEED RECORDED IN BOOK 188 AT PAGE 462. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLO~~O 81611 (970) 925-1766/(970)-925-6527 F~~ r- THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. ~~%\ IV * ~10V) ,Wt,rJ\.~l .. I o (D 'li; ~ 10 '" ~ 8 "- ;; OJ ~ a: ii <I( ~~ CI . 0 z e ~ CD 6 E';..~ F 5 ~.~'E58 m ~:5::1 'g' '; I.L 'c g'.~ ~ Iii o ~~l~& rr ~JCoiil oc( ; E ~ 16 E :E ~~'~E~ :E BaB=>:l ::;, '5. iii u ~,a: en ?: <(s'iU ~ ~ r " > r~ I.::J. I - \ -I ~ .. I ~ ~.. 8 ~- ..j to;:: ~. .. ill _/0 - ~ ~ . ;:: ,,; ~ - ~ o If . .. 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