HomeMy WebLinkAboutFile Documents.33 MINING STOCK PKWY.0093-2020-BRES (56)
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Exhibit H - Responses to the Relevant Land Use Code Sections for Burlingame
Phase 2 PUD
June 1, 2020
Applicant Overview of Response to Land Use Code Sections
In the Exhibit A - Pre-Application Conference Summary from 10/23/2019, the following Land
Use Codes were determined as Relevant to the Review.
• Land Use Code Section 26.304
• Land Use Code Section 26.304.010
• Ordinance 22, 2011
Land Use Code Section 26.304
• Sec. 26.304.010. - General.
• Sec. 26.304.020. - Pre-application conference.
• Sec. 26.304.030. - Application and fees.
• Sec. 26.304.035. - Neighborhood Outreach
• Sec. 26.304.040. - Initiation of Application for Development Order.
• Sec. 26.304.050. - Determination of completeness and review by the Community
Development Director.
• Sec. 26.304.060. - Review of a development application by decision-making bodies.
• Sec. 26.304.065. - Compliance with City of Aspen Charter.
• Sec. 26.304.070. - Applicability of land use code amendments.
• Sec. 26.304.080. - Development orders
• Sec. 26.304.090. - Building permit.
Land Use Code Section 26.304.010
• Sec. 26.304.010. – Amendments
a. Insubstantial Amendments
§ Insubstantial Amendments A1- A5
b. thru i. – Does not apply
Ordinance 22, 2011
• Section 8: Zoning Allowances and Limitations
o 8.1 – Lots, 1, 2 and 3 (Lot 1 is Phase I, Lots 6 and 7 combined) – Single-
Family/Duplex Lots
o 8.2 – Phase II, Tracts 1, 2, and 3 – Multi-Family residential unit
o 8.3 – Park Parcels A and B – Public Parks.
o 8.4 – Park Parcel C – Public Park and Possible Future Childcare Facility.
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• Section 21: Amendments
Applicant responses and notes delineated by Bold Text and Font.
Text in Times Roman is taken from Aspen Colorado Municipal Code –
https://library.municode.com/co/aspen/codes/municipal_code?nodeId=TIT26LAUSRE
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Exhibit H2 - Response to Land Use Code Section 26.304 - Common Development
Review Procedures
June 1, 2020
Applicant Overview of Response to Land Use Code Section 26.304 – Responses have been
provided in all sections of Land Use Code Section 26.304 as follows:
• Sec. 26.304.010. - General.
• Sec. 26.304.020. - Pre-application conference.
• Sec. 26.304.030. - Application and fees.
• Sec. 26.304.035. - Neighborhood Outreach
• Sec. 26.304.040. - Initiation of Application for Development Order.
• Sec. 26.304.050. - Determination of completeness and review by the Community
Development Director.
• Sec. 26.304.060. - Review of a development application by decision-making bodies.
• Sec. 26.304.065. - Compliance with City of Aspen Charter.
• Sec. 26.304.070. - Applicability of land use code amendments.
• Sec. 26.304.080. - Development orders
• Sec. 26.304.090. - Building permit.
Applicant responses and notes delineated by Bold Text and Font.
Text in Times Roman is taken from Aspen Colorado Municipal Code -
https://library.municode.com/co/aspen/codes/municipal_code?nodeId=TIT26LAUSRE
Chapter 26.304. - COMMON DEVELOPMENT REVIEW PROCEDURES
Sec. 26.304.010. - General.
This Chapter sets out the common procedures for review of all development applications, unless
otherwise specifically stated. Generally, all proposed development shall be subject to the following six (6)
step approval process.
(a) A pre-application conference between the applicant and a staff member of the Community
Development Department; .
Applicant Response – A Pre-Application Conference was held on Wednesday 10/14/2019A
Pre-Application Summary is attached to this application as Exhibit A - Pre-Application
Conference Memo and Exhibit G1- Pre-Application Summary 10182019. Another Pre-
Application Summary was held via GoTo meeting on 03/26/2020. Draft Materials were
submitted to Community Development on 04/01/2020. Email correspondence following this
meeting a brief follow-up based on staff review is found in Exhibit G2 - Pre-Application
Summary Email 04/03/20.
(b) Submission of the development application and fees by the applicant;
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Applicant Response – The first official submittal of this material occurred on April 27, 2020.
At this time more information and a format as laid out in the Pre-Application Conference
Summary, Exhibit A was requested. We now submit the attached Land Use Application along
with Exhibits A-H as a means of support.
Applicable fees as laid out in the Land Use Application were transferred on June 1, 2020.
(c)Determination of completeness and review of the development application by the Community
Development Director;
Applicant Response – We look forward the Determination of Completeness.
(d)Review of the development application by the relevant decision-making body;
Applicant Response – We look forward to the Review of this material as guided by Section 21
–Amendments of Ordinance 22, 2011
(e)Receipt of a development order or certificate of zoning compliance; and
Applicant Response – We look forward to working with you toward this goal
(f)Receipt of a building permit.
Applicant Response – The City of Aspen and the Design Team are targeting a submittal of
Building Permit in the early summer of 2020. Permit process is also laid out in Ordinance 22,2011
Sec. 26.304.020. - Pre-application conference.
(a)General . Prior to the formal filing of a development application, unless waived by the
Community Development Director, the applicant shall confer with a member of the staff of the
Community Development Department to obtain information and guidance regarding the format
and processing of the development application. The purpose of such a conference is to permit the
applicant and the Community Development Department staff to review informally a proposed
development and determine the most efficient method of development review before substantial
commitments of time and money are made in the submission of an application. The Community
Development Director may decide as part of the pre-application process to hold pre-application
work sessions with decision-making bodies if it is determined that such work sessions would
provide the Community Development Department or the applicant with additional information or
guidance necessary to the preparation or processing of an application for development.
Overall Applicant Response –
A.Pre-Application Conference was held on Wednesday 10/14/2019 – The meeting is
summarized in Exhibit A – Pre-Application Conference Memo. At this time proposed
modifications discussed included:
•Relocation of building mechanical rooms out of units
•Interior configuration and layout changes
•Improved Privacy on Patios
•Minor alterations to the Site Plan
•Minor alterations to the Landscaping Plan
•Minor alterations to architectural detailing
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B. A follow-up Application Conference was held via GoTo meeting on 03/26/2020. At this
time proposed modifications, ultimately included in the request included:
• Park 3 Revisions to grading
• Revisions to grading at Carports P8, P9, P12 & P13 at uphill grades
• Alternate Landscape Walls
• Water Entry Room locations
• Architectural Privacy Screens
• Architectural and Structural Detailing at Decks and Railings
C. Draft Materials were submitted to Community Development on 04/01/2020.
(b) Issues of discussion. Issues that may be discussed at the pre-application conference may include,
but are not limited to, the following:
(1) Proposed development. The applicant should describe the general nature of the proposed
development including, if applicable, proposed land uses and their densities; proposed
placement of buildings, structures and other improvements; character and location of common
open space or treatment of public uses; preservation of natural features; preservation of
properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; protection of
environmentally sensitive areas; proposed off-street parking and internal traffic circulation and
total ground coverage of paved areas and structures.
Applicant Response –The Pre-Application Conference Summary, Exhibit A - Pre-Application
Conference Memo defines the discussion
(2) Review procedure. The Community Development Department staff member shall identify
procedural review requirements for the proposed development and applicable review standards
and terms of this Title that apply to the review of the proposed development. This should include
identifying those stages of the common review procedure which apply, which decision-making
body or bodies will review the development application and the approximate length of the
development review procedure.
(3) Referral agencies. The Community Development Department staff member shall identify the
City, State and Federal agencies that are required to review the proposed development, provide
the applicant with persons at these agencies to contact about review procedures and generally
describe the information which will be needed to satisfy the concerns of the relevant City, State
and Federal agencies.
Applicant Response –During the course of 2019-early 2020, thee Design Team and project
team met with City of Aspen Engineering, City of Aspen Parks and the Building Department on
a few occasion. At submittal of this application, we understood that these agencies are in
support of the modifications
(4) Application contents. The Community Development Department staff member shall establish
the contents of the development application required to be submitted for the proposed
development. This should include descriptions of the types of reports and drawings required,
the general form which the development application should take and the information which
should be contained within the application.
Applicant Response –The Pre-Application Conference Summary, Exhibit A - Pre-Application
Conference Memo summarizes the understanding of materials.
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(5) Application copies and fee. The Community Development Department staff member shall
identify the number of copies of the development application that are required to be submitted
for the proposed development, along with the amount of the fee needed to defray the cost of
processing the application and an estimate of the number of hours of staff review time
associated with the fee.
(6) Written summary. Following the conclusion of the conference, the applicant shall be presented
with a written summary of the meeting. One (1) copy of this written summary should be
submitted back to the Community Development Department at the time of submission of the
development application.
Applicant Response –The Pre-Application Conference Summary, Exhibit A - Pre-Application
Conference Memo is included in this correspondence as evidence of the meeting and
discussion.
(7) Neighborhood Outreach. The Community Development Department staff member shall identify
if neighborhood outreach, as outlined in Sec 26.304.035, is required prior to submission of the
development application.
Applicant Response – a response to Neighborhood outreach is defined in Sec. 26.304.035. The
Exhibit E – Burlingame Outreach Report as evidence of the extensive neighborhood outreach.
( Ord. No. 1-2002, § 5 [part ]; Ord. No. 3-2012, § 2 )
Sec. 26.304.030. - Application and fees.
(a) General. The requisite number of copies of the development applications shall be submitted to the
Community Development Director containing all of the information and materials specified by the
applicable sections of this Title and such additional information or materials identified in the
preapplication conference. The development application shall be accompanied by the applicable fee.
(See Chapter 2.12 for schedule of fees.)
(b) Application. At a minimum, all development applications shall include the following information and
materials.
(1) Contained within a letter signed by the applicant, the applicant's name, address and telephone
number and the name, address and telephone number of any representative authorized to act
on behalf of the applicant
Applicant Response – This information is included with this application as Exhibit C - BG3
Insubstantial PD Amendment Request
(2) The street address, legal description and parcel identification number of the property proposed
for development.
Applicant Response – This information is included in the Land Use Application
RE_202004021545498174
(3) A disclosure of ownership of the parcel proposed for development, consisting of a current
certificate from a title insurance company or attorney licensed to practice in the state, listing the
names of all owners of the property and all mortgages, judgments, liens, easements, contracts
and agreements affecting the parcel and demonstrating the owner's right to apply for the
development application.
Applicant Response – This information is included as Exhibit F- Burlingame Ranch Phase II
Title Documents
(4) An eight and one-half (8½) inches by eleven (11) inches vicinity map locating the subject parcel
within the City of Aspen.
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Applicant Response This information is Included in the original approval - Ordinance No. 22,
Series of 2011, Exhibits.
(5) A site plan depicting the proposed layout and the project's physical relationship to the land and
its surroundings.
Applicant Response – This information is Included in the application – further information
Included in the original approval - Ordinance No. 22, Series of 2011
(6) A site improvement survey certified by a registered land surveyor, licensed in the state,
showing the current status of the parcel including the current topography and vegetation. (This
requirement or any part thereof may be waived by the Community Development Director if the
project is determined not to warrant a survey document.)
Applicant Response – This information is included as Exhibit D - Burlingame Ranch Survey
(7) A written description of the proposal and a written explanation of how the proposed
development complies with the review standards relevant to the development application.
Applicant Response
A) Included as part of this submittal, Exhibit C - BG3 Insubstantial PD Amendment Request
outlines the request.
B) This letter defines compliance with the review standards.
(8) Additional materials, documentation or reports as deemed necessary by the Community
Development Director. NA
(c) Building model. NA
(d) Consolidation of applications. NA
(e) Copyrighted materials. NA
(f) No multiple applications.
Applicant Response
There are no current applications or amendments for Burlingame Ranch Affordable Housing
Phase II PUD
( Ord. No. 56-2000, § 16 ; Ord. No. 40-2003, § 1 )
Sec. 26.304.035. - Neighborhood Outreach
Applicant Response - Outreach planning was conducted with the Burlingame Ranch project team
to define project scope, decision points, decision makers, stakeholders, and the most relevant
tools and techniques to reach community members and encourage participation. The team also
worked through a visioning exercise to create project outreach goals, the result of which were
team driven narrative statements - identifying their approach to process, approach to community
engagement, and putting feedback in action.
(a) Purpose. In order to facilitate citizen participation early in the development review process, the
City requires development applications to conduct neighborhood outreach. The purpose of the
outreach is to inform neighbors and interested members of the public about the project. The
applicant must show a concerted effort inform neighbors and the public about the application prior
to the first public hearing.
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Applicant Response - Attached in this application, use Exhibit E – Burlingame Outreach Report
as evidence of Early Citizen Participation . This information was captured in the “Inform”
Stage of the Community outreach as evidenced in the Outreach Schedule on Page 15.
(b) Applicability. A neighborhood meeting shall be required on any development proposal that is
subject to City Council review unless the Community Development Department determines as a
part of the pre-application conference that the development proposal is limited in nature. In
addition, the Community Development Department may make a determination that neighborhood
outreach is required for significant development applications reviewed by the Planning and
Zoning Commission or Historic Preservation Commission.
Applicant Response A number of Community Meetings were held as part of the outreach, this
can list can be found on page 11-15 of the attached Exhibit E – Burlingame Outreach Report.
As this is a request for an Insubstantial Amendment to the PUD, to Ordinance 22, 2011 the
Planning and Zoning Commission or Historic Preservation Commission review should not be
applicable.
(c) Appropriate forms of public outreach. The applicant must choose to do one (1) or more of the
following forms of neighborhood outreach. Community Development Department staff may, as part
of the pre-application conference, suggest certain forms of neighborhood outreach that would be
most appropriate for a development application. In addition, Community Development Department
staff may identify specific aspects of the project or potential impacts of the project that should be
addressed as part of the neighborhood outreach.
(1) Information meeting. The applicant must hold a neighborhood meeting to gain input from
neighbors and citizens. The meeting must be open and accessible to the general public and
held in a location in proximity to the proposed development or in a publicly accessible building
such as City Hall or the Public Library. The applicant or applicant's representative shall attend
the neighborhood meeting and be available to answer questions from the public. The applicant
shall be responsible for scheduling and coordinating the neighborhood meeting. Renderings,
modeling, or other visual representations of the project within its context is required. The
applicant must conduct a minimum level noticing, pursuant to Section 26.304.060(e)(3)c., to
ensure the public is aware of the meeting. Additional noticing beyond that called for in Section
26.304.060(e)(3)c. may be provided.
(2) On-line meeting. The applicant must conduct an on-line meeting to gain input from neighbors
and citizens. The meeting must be open to the general public. The applicant or applicant's
representative shall attend the on-line meeting and be available to answer questions from the
public. The applicant shall be responsible for scheduling and coordinating the on-line forum.
Renderings, modeling, or other visual representations of the project within its context is
required. The applicant must conduct a minimum level noticing, pursuant to Section
26.304.060(e)(3)c., to ensure the public is aware of the on-line meeting. Additional noticing
beyond that called for in Section 26.304.060(e)(3)c. may be provided.
(3) Enhanced public information. The applicant must provide detailed information on the project in
the form of a project website, a detailed public notice mailing, etc. that explains the proposal,
outlines the review process, provides visual rendering or maps, or any other information that will
describe the project in layman's terms. The applicant shall be responsible for coordinating the
information. The applicant must conduct a minimum level noticing, pursuant to Section
26.304.060(e)(3)c., to ensure the public is aware of a website, etc. Additional noticing beyond
that called for in Section 26.304.060(e)(3)c. may be provided.
(4) Individual outreach. The applicant must conduct individual or small group meetings with
neighbors of the project. The applicant shall be responsible for organizing and attending the
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meetings. At the meetings, the applicant should provide a summary of the proposal, including
basic use-type information, building height, and renderings.
(5) Any other form of neighborhood outreach that will provide neighbors a genuine opportunity to
understand the development proposal and provide comments to the application.
Applicant Response - Attached in this application, please use Exhibit E – Burlingame Outreach
Report as evidence of the Public Outreach which included but was not limited to Market Days,
Listening Posts, Community Picnic, City Staff BBQ , Burlingame Neighborhood meeting and
Survey, ACRA Presentation and Survey, City Council Presentations, Lunch and Learn &
Community Open House.
(f) Summary of Public Outreach. A written summary of the neighborhood outreach, as well as the
method of public notification, shall be prepared by the applicant and submitted as part of the official
record - either as part of the initial application or as an addendum to the application. Any
documentation that was presented to the public as part of the outreach should also be included as
part of the official record.
Applicant Response - Attached in this application, please use Exhibit E – Burlingame Outreach
Report as for a written summary of the neighborhood outreach. The key findings are laid out
on pages 16-19 with the Survey Questions and Responses on pages 20-23.
( Ord. No. 3-2012, § 3 )
Sec. 26.304.040. - Initiation of Application for Development Order.
An application for a Development Order may only be initiated by (1) a person or persons who represents
they have legal authority to affect title to the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the purpose of
amending the text of this Chapter or the Official Zone District Map (Chapter 26.310) or to designate a
Planned Development (Chapter 26.445); and, (3) the City Council, Planning and Zoning Commission, or
Historic Preservation Commission for the purpose of designating an Historic Overlay District or
designating a property on the Aspen Inventory of Historic Landmark Sites and Structures.
Applicant Response: The Application has been initiated by Chris Everson, the Affordable
Housing Manager, per the Land Use Application RE_202004021545498174. Chris has been
appointed “to serve as agent for the City of Aspen for the purpose of submitting the proposed
insubstantial amendments to the Burlingame Ranch Affordable Housing II PUD.” Per the
attached letter from Scott Miller, Public Works Director
( Ord. No. 1-2002, § 5 [part ]; Ord. No. 36-2013, § 11 )
Sec. 26.304.050. - Determination of completeness and review by the Community
Development Director.
Applicant Response: - Determination of completeness and review by the Community Development
Director will be determined following the submittal of the application. We look forward to this
response.
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(a) Determination of completeness. After a development application has been received, the Community
Development Director shall determine whether the application is complete. If the Community
Development Director determines that the application is not complete, written notice shall be served
on the applicant specifying the deficiencies. The Community Development Director shall take no
further action on the application until the deficiencies are remedied. If the application is determined to
be complete, the Community Development Director shall notify the applicant of its completeness. A
determination of completeness shall not constitute a determination of compliance with the
substantive requirements of this Title and it shall not preclude a request for additional information or
materials in the future to complete the review of the development application. Upon a determination
of completeness, the applicant may be asked to submit additional copies of relevant documents as
requested.
(b) Review and recommendation by Community Development Director.
(1) Comments on application from City staff. When the development application is determined
complete by the Community Development Director, copies shall be distributed to appropriate
City staff persons, departments and referral agencies. Any comments from the department of
community development and other referral agencies shall be returned to the Community
Development Director prior to submitting a recommendation to the applicable decision-making
body.
(2) Report and recommendation. The Community Development Director shall compile all
comments and recommendations from appropriate City staff persons, departments and referral
agencies and shall make a written report and recommendation to the appropriate decision-
making body on the development application. The written report and recommendation shall
state whether the application conforms to the review standards pertaining to the relevant
development approval sought and whether it should be continued, approved, approved with
conditions or disapproved. The Community Development Director shall attach any referral
agency comments to the report and recommendation.
(c) Setting the hearing. The Community Development Director shall establish a place and time certain
for the hearing, if required, on the development application, pursuant to the requirements of this Title.
If the hearing is a public hearing required to be noticed, the applicant or the Community
Development Director shall cause public notice to be given pursuant to the procedure and
requirements established in Subsection 26.304.060(e).
Sec. 26.304.060. - Review of a development application by decision-making bodies.
(a) Review procedures and standards. Specific development review procedures and standards for
different types of development applications are set forth in the relevant chapters of this Title. They
include the following:
Permitted Uses: Chapter
26.404
Variances: Chapter
26.314
Residential Design Standards: Chapter
26.410
Development involving the Aspen Inventory of Historic Landmark Sites and
Structures or in an H, Historic Overlay District:
Chapter
26.415
Conditional Uses: Chapter
26.425
Special Review: Chapter
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26.430
Development in Environmentally Sensitive Areas: Chapter
26.435
Planned Developments: Chapter
26.445
Temporary Uses: Chapter
26.450
Growth Management Quota System (GMQS): Chapter
26.470
Subdivision: Chapter
26.480
Amendments to Text and Zone District Map: Chapter
26.310
Applicant Response: - Please see the attached response to Planned Developments, 26.445.110 for
responses to the criteria. The Insubstantial Amendment Request is solicitated based on Section 21,
Amendments of Ordinance 22, 2011.
(b) Modification of review procedures.
(1) Combined reviews. The procedures for reviewing development plans and applications where
more than one (1) development approval is being sought simultaneously may be combined or
modified whenever the Community Development Director determines, in consultation with the
applicant, that such combination or modification would eliminate or reduce duplication and
ensure economy of time, expense and clarity; provided, however, that all public noticing
normally associated with the subject development application(s) is maintained and that a
thorough and full review of the application and proposed development as otherwise required by
this Title is achieved.
(2) Sketch plan review. If the Community Development Director, in consultation with the applicant,
determines that a proposed development application may be complex, have the potential for
significant community interest, involves a public facility or the proposed project would benefit
from additional community input, the Community Development Director may schedule a joint
meeting with the City Council and either the planning and zoning commission, the historic
preservation commission or both, for a sketch plan review. A sketch plan review may be held
either before or after an application is submitted and determined to be sufficiently complete by
the director of the Community Development Department. If it is scheduled after an application is
determined complete by the Community Development Director, the sketch plan review meeting
shall be conducted prior to any other land use review proceeding required by this Code. A
sketch plan review meeting shall be noticed by publication, mailing and posting (See Subsection
26.304.060(e) Paragraph (3)) and the joint meeting shall be conducted as a public meeting. The
minutes of the joint meeting shall become part of the formal record of the proceedings before
the City Council and the decision-making body which has been invited to attend the joint
meeting with the City Council. A quorum of the City Council shall not be required to conduct a
sketch plan review hearing. The Community Development Director may invite particular
members of the public (stakeholders) to attend and participate in the sketch plan review
hearing. At the conclusion of the public meeting, the members of the City Council, decision-
making body invited to attend the joint meeting and stakeholders (if invited to attend) may offer
the applicant advisory suggestions regarding the proposed application but shall not make any
decisions regarding the application for development. Applicants shall not be entitled to rely upon
any decisions, comments or suggestions made by the members of the joint public meeting as
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no attempt shall be made to approve a development proposal even on a conceptual level at a
sketch plan review.
(3) Public projects. If the Community Development Director, or City Council, determines that a
proposed development is authorized for Public Project Review in accordance with Section
26.500.040(d), the Community Development Director shall cause the application to proceed in
accordance with Section 26.500.040.
(c) General hearing procedures. The following general procedures shall apply to the conduct of all
hearings regarding the review of a development application by decision-making bodies.
(1) Oath or affirmation. The chairperson of the decision-making body or the Mayor may require
that testimony and evidence shall be given under oath or by affirmation to the body conducting
the hearing.
(2) Rights of all persons. Any person may appear at a public hearing and submit evidence either
individually or as a representative of another person or an organization. The chairperson of the
decision-making body or the Mayor may require anyone representing another person or an
organization to present written evidence of their authority to speak on behalf of the person or
the organization in regard to the matter under consideration. Each person who appears at a
public hearing shall be identified and, if appearing on behalf of another person or an
organization, state the name and mailing address of the person or the organization.
(3) Due order of proceedings. The decision-making body conducting the hearing may exclude
testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. The order of
proceedings shall be as follows:
a. The Community Development Director shall present a narrative and/or graphic description
of the development application.
b. The Community Development Director shall present a written and oral recommendation.
This recommendation shall address each factor required to be considered by this Title and
the Aspen Area Community Plan prior to development approval and shall be made
available to the applicant and to the decision-making body at least two (2) working days
prior to the hearing.
c. The applicant shall have the burden to demonstrate that the application and proposed
development comply with all applicable provisions of this Title and the Community Plan
and to present all information deemed necessary and appropriate to evaluate the
development proposal. The applicant must also demonstrate, through an affidavit, that all
required public notice regarding the application review process was timely given in
accordance with this Title.
d. The Community Development Director may respond to any statement made by the
applicant or any public comment.
e. The applicant may respond to any testimony or evidence presented by the Community
Development Director or public.
(4) Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or
unduly repetitious, the person offering such testimony or evidence shall have an opportunity to
make a proffer in regard to such testimony or evidence for the record. Such proffer shall be
made prior to the conclusion of the hearing.
(5) Continuance of hearing. The decision-making body conducting the hearing may, on its own
motion or at the request of any person, continue the hearing to a fixed date, time and place.
Assuming valid notice was properly given in the first instance, no second or new notice shall be
required where a hearing is continued. An applicant shall have the right to request and be
granted one (1) continuance; however, all subsequent continuances shall be granted at the
discretion of the decision-making body conducting the hearing, only upon good cause shown.
Where a public hearing has been adjourned, the hearing may only be reconvened upon the
giving of all notice(s) as would be required for an initial public hearing.
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(6) Other rules to govern. Other matters pertaining to the public hearing shall be governed by other
provisions of this Code, applicable to the decision-making body conducting the hearing and its
adopted rules of procedure, so long as the same are not in conflict with this Title. The City's
decision-making bodies may adopt rules of procedure to limit the number of development
applications which may be considered at a hearing.
(7) Record.
a. Records of hearing. All hearings shall be recorded by audio tape or other similar recording
device. A copy of the audio tape of a hearing shall be provided upon the request of any
person and the payment of a fee covering the reasonable cost thereof.
b. Record. The transcript of oral proceedings, including testimony and statements of personal
opinions, the minutes of the secretary, all applications, exhibits and papers submitted in
any proceeding before the decision-making body, the report and recommendation of the
Community Development Director and the decision and report of the decision-making body
shall constitute the record.
(d) Actions by decision-making bodies. All decision-making bodies shall act in accord with the time
limits established in this Title. Action shall be taken as promptly as possible in consideration of the
interests of the citizens of the City. Depending upon which decision-making body has final approval
authority over a given development application, a site-specific development plan may only be
approved by written resolution of the planning and zoning commission or historic preservation
commission or by ordinance adopted by the City Council. Any land use approval which places any
burden upon or limits the use of private property shall be by ordinance. All resolutions and
ordinances granting final approval for a site-specific development plan shall:
(1) Be preceded by a public hearing following public notice by publication (See Subparagraph
26.304.060(e)(3)a., below); and
(2) Include the following provisions:
a. The rights granted by the approval of this site-specific development plan shall remain
vested for a period of three (3) years from the effective date of the approved development
order. However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by this Code within one-hundred-
eighty (180) days of the effective date of the development order shall also result in the
forfeiture of said vested property rights and shall render the development order void within
the meaning of Section 26.104.050 (Void permits).
b. The approval granted hereby shall be subject to all rights of referendum and judicial review;
the period of time permitted by law for the exercise of such rights shall not begin to run until
the date of publication of the notice of final development approval as required under
Subsection 26.304.070(a) of this Chapter.
c. Zoning that is not part of the approved site-specific development plan shall not result in the
creation of a vested property right.
d. Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the
City provided that such reviews and approvals are not inconsistent with this approval.
e. The establishment of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property
subject to land use regulation by the City including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this regard, as a condition of this
development approval, the applicant shall abide by any and all such building, fire,
plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in
writing by the City.
(e) Public notice.
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(1) General. Whenever a notice of a public hearing is required, notice shall be provided to the
public, pursuant to the terms of this Section.
(2) Content of notice. Every notice shall include the name and address of the applicant, the type of
development application sought, date, time and place of the hearing, the address and legal
description of the subject property if applicable, a summary of the development application
under consideration and identification of the decision-making body conducting the hearing and
such other information as may be required to fully apprise the public of the nature of the
application.
(3) Manner of notice. Every notice shall be given in one (1) or more of the following manners, as
specified in this Title for each type of development:
a. Publication of notice. Publication of notice shall be provided by the applicant or the
Community Development Department at least fifteen (15) days prior to the public hearing
through publication in the legal notice section of an official paper or a paper of general
circulation in the City.
b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy
of the form from the Community Development Department. The notice shall be posted at
least fifteen (15) days prior to the public hearing, by posting a sign in a conspicuous place
on the property subject to the development application. The sign shall be made of suitable,
waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six
(26) inches high and shall be composed of letters not less than one (1) inch in height.
c. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy
of the notice from the Community Development Department. The mailing shall contain that
information described in Paragraph (e)(2) above. At least fifteen (15) days prior to the
public hearing, notice shall be sent by first class, postage prepaid U.S. mail or hand
delivered, to all owners of property within three hundred (300) feet of the property subject
to the development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than sixty (60)
days prior to the date of the public hearing.
d. Rezoning or text amendment. Whenever the Official Zoning District Map is in any way to be
changed or amended incidental to or as part of a general revision of this Title or whenever
the text of this Title is to be amended, whether such revision be made by repeal of this Title
and enactment of a new land use regulation or otherwise, the requirement of an accurate
survey map or other sufficient legal description of and the notice to and listing of names
and addresses of owners of real property in the area of the proposed change, shall be
waived. However, the proposed zoning map shall be available for public inspection in the
planning agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
e. Notice to mineral estate owner. An applicant for surface development shall notify affected
mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial
public hearing on the application for development. The applicant shall certify that notice
has been provided to the mineral estate owner.
(f) Re-submittal of a previously denied application. After a final decision that results in the denial of a
development application by the appropriate final approving body, an applicant wishing to resubmit
the same plan for approval:
(1) May not submit the same development application or one (1) substantially the same, as
determined by the Community Development Director, for a period of one (1) year from the date
of the most recent ruling of denial; or
(2) May submit a revised application that adequately addresses all of the stated reasons for denial.
The Community Development Director shall determine whether a) a new submittal adequately
addresses all of the stated reasons for denial and can proceed with a submittal; or, b) a new
submittal is sufficiently enough altered from the project denied that it qualifies as a new
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application for a different project. In either scenario, such application shall be treated as a new
application for purposes of review and scheduling.
Applicant Response: - We are seeking an Insubstantial Amendments to the Planned Development.
Please see the attached response to Planned Developments, 26.445.110 for responses to the criteria.
The Insubstantial Amendment Request is solicitated based on Section 21, Amendments of Ordinance
22, 2011. We look forward to the project review.
( Ord. No. 7-2000, § 2 ; Ord. No. 1-2002, § 5 [part ]; Ord. No. 9-2002, § 4 ; Ord. No. 52-2003, § 3 ; Ord.
No. 36-2013, § 9 ; Ord. No. 46-2015, § 9 )
Sec. 26.304.065. - Compliance with City of Aspen Charter.
All development applications shall comply with the regulations outlined in the City of Aspen Charter,
including Article XIII Section 13.14, Voter authorization of certain land use approvals .
Applicant Response: - We are seeking an Insubstantial Amendments to the Planned Development.
Please see the attached response to Planned Developments, 26.445.110 for responses to the criteria.
As far as we understand, voter authorization is not applicable.
( Ord. No. 20-2015, § 1 )
Sec. 26.304.070. - Applicability of land use code amendments.
Applications for a site-specific development plan shall be reviewed according to the land use code in
effect on the date the application was determined by the City to be complete, pursuant to Section
26.304.050(a), Determination of completeness . The application shall continue to be reviewed according
to the provisions of the land use code in effect upon such date throughout the application's period of
pendency.
Applications for a site-specific development plan which require multiple steps, such as "conceptual
review" and "final review" or "project review" and "detailed review," shall be reviewed according to the
land use code in effect on the date the application for the initial step was determined by the City to be
complete. The application shall continue to be reviewed according to the provisions of the land use code
in effect upon such date throughout the application's period of pendency.
(a) Amendments to Approved Site-Specific Development Plans. Amendments to an approved site-
specific development plan shall be considered either minor in scope or major in scope, and shall
be reviewed as follows:
(1) Minor Amendments. During the period of pendency, minor amendments initiated by the
applicant and amendments to an application proposed as a means to achieve compliance
with city standards, review criteria, or requirements of reviewing agencies shall be
reviewed under the original land use code in effect during the initial approval for the site-
specific development plan. Minor Amendments shall not cause a new submission date or
interrupt the applicability of the land use code to the project.
Unless otherwise stated in the Development Order, minor amendments to an approved
site-specific development plan shall continue to be reviewed according to the land use
code under which the plan was approved for the period of statutory vested rights, as may
be extended. Approved amendments to a previously issued Development Order shall
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cause issuance of a revised Development Order pursuant to Section 26.304.080(b) but
shall not affect a new expiration date of the Development Order.
(2) Major Amendments. During the period of pendency, major amendments to an application
which are initiated by the applicant independent of a code requirement shall be subject to
the land use code in effect upon amendment submission. The entirety of the application
shall be subject to all aspects of the land use code in effect at the time of the amendment
submission, not only the amended elements. No aspect of the application shall be
considered immune from compliance.
Unless otherwise stated in the Development Order, major amendments to an approved
site-specific development plan shall be subject to the land use code in effect upon
amendment submission. Approved amendments to a previously issued Development
Order shall cause issuance of a revised Development Order pursuant to Section
26.304.080(b) but shall not affect a new expiration date of the Development Order.
(3) Amendments after vesting. Amendments to an approved site-specific development plan
accepted by the City after the period of statutory vested rights has expired shall be
reviewed according to the land use code in effect on the date the amendment application
was determined by the City to be complete, pursuant to Section 26.304.050(a),
Determination of completeness .
(4) Major and Minor Amendments defined. For the purposes of this Section, minor
amendments are those which do not change the inherent nature, use, massing, character,
dimensions, or design of the project or which changes these attributes in an
inconsequential manner. All other amendments shall be considered major.
(5) Appeals. Appeals shall be made pursuant to Chapter 26.316, Appeals. All appeals shall
be heard by City Council.
Applicant Response: - We are seeking an Insubstantial Amendments to the Planned Development.
Please see the attached response to Planned Developments, 26.445.110 for responses to the criteria.
The Insubstantial Amendment Request is solicitated based on Section 21, Amendments of Ordinance
22, 2011.
( Ord. No. 5-2000, § 6 ; Ord. No 4-2010, § 1 ; Ord. No 27-2015, § 1 )
Sec. 26.304.080. - Development orders.
(a) Publication of development approval. No later than fourteen (14) days following final approval of all
requisite reviews necessary to obtain a development order as set forth in this Title, the City Clerk
shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries
of the City, a notice advising the general public of the approval of a site-specific development plan
and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the
following form:
Notice is hereby given to the general public of the approval of a site-specific development plan and
the creation of a vested property right pursuant to the Land Use Code of the City and C.R.S. tit. 24, art.
68, pertaining to the following described property: [parcel address and legal description], by [ordinance or
resolution] of the [City Council or other appropriate decision-making body], numbered: [enter ordinance or
resolution number].
(b) Development order—issuance. Following the publication of the published notice as set forth at
Paragraph (a) above, the Community Development Director shall issue a written development order
which shall contain, at a minimum, the following information:
(1) The property owner's name, mailing address and telephone number.
(2) The street address and legal description of the parcel.
(3) A written description of the site-specific plan.
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(4) Identification of the land use approvals received and the date of such approvals. A copy of the
ordinance(s) or resolution(s) shall be attached.
(5) The effective date of the development order.
(6) A notice disclosing to the applicant the expiration date of the development order and the
availability of a procedure for seeking an extension of the development order pursuant to
Subsection 26.308.010(c).
(c) Effective date of the development order. The effective date of a development order including one (1)
which authorizes allotments under the growth management quota system pursuant to Chapter
26.470, shall be the date of publication of the notice of the approval of the site-specific development
plan as set forth at Subsection (a) above.
(d) Expiration of development order. The development order shall not expire but shall be subject to any
amendments to the Land Use Code, that have been adopted since the development was approved,
after the period of vested rights has expired. Vested property rights, including allotments received
pursuant to Chapter 26.470, shall expire on the day after the third (3 rd ) anniversary of the effective
date of the development order, unless a building permit application submittal is accepted and
deemed complete by the Chief Building Official, pursuant to Section 26.304.075 below, or unless an
exemption or extension of the approval is granted by the City Council pursuant to Section 26.308.
Once a complete building permit application submittal has been accepted, the development order
shall remain valid subject to applicable limitations of the International Building Code, the International
Residential Code and adopted policies of the Chief Building Official; regarding the timely pursuit and
execution of a building permit. In no case shall a development order be valid more than ten (10)
years.
(e) Revocation of development order. The approval of a site-specific development plan and subsequent
issuance of a development order may be made with or without conditions. Failure to fully abide by
the terms of any of the conditions of approval may result in the revocation of the development order
and all associated vested property rights in accordance with Subsection 26.308.010(e).
(f) Abandonment of application. If an applicant fails to pursue the approval of a site-specific
development plan in a timely fashion after filing an application for same, the application shall be
considered abandoned. For purposes of this Subsection, failure to pursue the approval of a site-
specific development plan in a timely fashion shall mean a failure on the part of the applicant to take
any action with the Community Development Department in furtherance of the application for a
period of at least one (1) year. An abandoned application shall render all previously issued land use
approvals, which do not constitute the approval of a site-specific development plan, void unless the
Community Development Director determines that reinstatement of the application is in the best
interests of the City.
Applicant Response: - The current Development Order for Burlingame Ranch Affordable Housing II
PUD is still in effect via Ordinance 22, 2011. Ordinance 22, 2011 was adopted on November 22, 2011.
Per Section 21.
“The development approvals granted herein shall constitute a site-specific development plan vested for
a period of ten (10) years from the date of issuance of a development order.”
The request Insubstantial Amendment will not extend the Development Order
( Ord. No. 5-2000, § 6 ; Ord. No 4-2010, § 1 ; Ord. No 27-2015, § 1 )
Sec. 26.304.090. - Building permit.
(a) Application.
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(1) Recordation and fees. Prior to the submission of an application for a building permit, all
documents reflecting and memorializing final development approval for which a building permit
is requested shall be reviewed and approved by the City of Aspen and recorded in the county
clerk and recorder's office. Proof of such recording shall accompany the building permit
application. Documents reflecting or memorializing final development approval shall include, but
not be limited to, a final plat, a resolution or ordinance granting final development approval, a
subdivision or other improvements agreement, a development agreement and/or deed
restrictions which may be required as a condition of development approval. Prior to the
submission of an application for a building permit, all fees associated with a project's land use
review shall be paid in full. Unless otherwise determined by the Community Development
Director, the Chief Building Official shall not accept building permit applications for which all
documents and agreements have not been recorded or land use review fees have not been
paid.
(2) Contents. An application for a building permit shall be submitted to the Chief Building Official.
The application shall include scaled plans, drawings, depictions, studies, and reports sufficient
to demonstrate compliance with applicable codes and regulations of the City of Aspen, codes
and regulations of outside agencies with jurisdiction, and the allowances and limitations of the
Development Order. The application shall be submitted in a form and manner as prescribed by
the Community Development Director, as may be amended from time to time. The application
shall be accompanied by the applicable permit review fees, some or all of which may not be
refundable upon denial or withdrawal of the application. Attached to the application shall be a
copy of the development order (if applicable) and an improvements survey meeting the
standards and requirements of the City Engineer that has been prepared and certified by a
registered land surveyor. The improvements survey shall include a site plan which conforms to
the requirements set forth at Subsection 13.20.020(b) Paragraph (2) for a tree removal permit.
(3) Completion review and acceptance. The Chief Building Official shall review the contents of the
building permit application for completion in a timely manner. Applications found complete shall
be reviewed for compliance with applicable codes and regulations of the City of Aspen, codes
and regulations of outside agencies that have jurisdiction, and the allowances and limitations of
the Development Order. Applications found incomplete shall be returned to the applicant along
with all review fees. Partial or incomplete applications shall not be accepted. Acceptance of a
complete application shall not imply compliance or prohibit the Chief Building Official from
requesting additional information or amendments to the plans in order to determine or achieve
compliance.
(b) Compliance Review and Issuance. Upon receipt of a completed application, the Chief Building
Official shall timely refer copies of same to the Community Development Director and such other
appropriate City staff and/or departments and outside agencies for compliance review. The
application shall be evaluated to determine whether the proposed development:
(1) Complies with the International Building Code and other applicable construction codes;
(2) Complies with the adopted requirements, specifications, and regulations of the City of Aspen
and outside agencies with jurisdiction;
(3) Complies with zoning requirements and the allowances and limitations of the Development
Order, development agreements and land use approvals and entitlements granted by the City,
and all conditions thereon.
(4) Is subject to review, impact, cash-in-lieu, dedication, permitting or other similar development
fees or taxes. The Chief Building Official shall provide to the applicant a summary of such fees
to be collected by the City upon issuance of the building permit, or phases thereof.
If the application does not comply with the above enumerated requirements, written notice shall
be timely provided to the applicant specifying the deficiencies. No further action shall be taken
on the application until all deficiencies are remedied by the applicant. If the applicant does not
address the deficiencies within a reasonable timeframe, as determined by the Chief Building
Official, the application shall be denied. Upon cure of all deficiencies, the Chief Building Official
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shall again review the application for compliance, which may again include referring the
application to appropriate City or outside agencies.
If the application does comply with the above enumerated requirements, a building permit shall
issue upon payment of all applicable City fees and other fees collected by the City on behalf of
outside agencies. The Chief Building Official may choose to issue permits for portions or phases
of a project in compliance with the allowances and limitations of the International Building Code
and the policies of the Community Development Department.
Applicant Response: - The applicant looks forward to a Building Permit Submittal in Early Summer of
2020. We anticipate compliance with all terms as laid out in Sec. 26.304.090.
( Ord. No 4-2010, § 2 ; Ord. No 27-2015, § 1 )
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Exhibit H3 - Response to Land Use Code Section 26.445.110 - Planned Unit
Development, Amendment
June 1, 2020
Applicant Overview of Response to Land Use Code Section 26.445.110 – Responses have been
provided in all sections of Land Use Code Section 26.445.110 as follows:
• Sec. 26.304.010. – Amendments
a. Insubstantial Amendments
§ Insubstantial Amendments A1- A5
b. thru i. – Does not apply
Applicant responses and notes delineated by Bold Text and Font.
Text in Times Roman is taken from Aspen Colorado Municipal Code -
https://library.municode.com/co/aspen/codes/municipal_code?nodeId=TIT26LAUSRE_PT400D
EPERI_CH26.445PLDE_S26.445.110AM
Sec. 26.445.110. - Amendments.
Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed
according to the standards and procedures outline below. Amendments to Planned Unit Development
and Specially Planned Area approvals (pre-Ordinance 36, 2013, approvals) shall also proceed according
to the standards and procedures outline below and the Community Development Director shall determine
the type of procedure most-applicable to the requested amendment.
(a) Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an
approved Detailed Review may be authorized by the Community Development Director. An
insubstantial amendment shall meet the following criteria:
(1) The request does not change the use or character of the development.
Applicant Response: The use or character as outlined in Ordinance No. 22, Series of 2011
o Section 1: Burlingame Ranch Affordable Housing Phase II Final
Subdivision/PUD Approved
o Section 8: Zoning Allowances and Limitations – 8.1-8.4
will not change with this request
(2) The request is consistent with the conditions and representations in the project's original
approval, or otherwise represents an insubstantial change.
Applicant Response: The requests as follows are consistent with the projects original
approval as spelled out in Ordinance No. 22, Series of 2011.
o Items A, B & C – Revisions to Grading/Landscape Walls are consistent
with the initial approval. They will not modify the character of the
approved project.
o Items D, E & F – Architectural Modifications. Revised Water Entry
Room Locations, Architectural Privacy Screens & Revised Detailing at
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Decks and Railings. The modifications are done in response to public
outreach and an opportunity to enhance the technical and
mechanical nature of the project.
(3) The request does not require granting a variation from the project's allowed use(s) and
does not request an increase in the allowed height or floor area.
Applicant Response: This request does not require a variance from the projects allowed use
as spelled out in Ordinance No. 22, Series of 2011, Section 8: Zoning Allowances and
Limitations does not involve an increase in height or a substantial modification in floor area.
(4) Any proposed changes to the approved dimensional requirements are limited to a
technical nature, respond to a design parameter that could not have been foreseen during
the Project Review approval, are within dimensional tolerances stated in the Project
Review, or otherwise represents an insubstantial change.
Applicant Response: The requests as follows are consistent with the projects original
approval as spelled out in Ordinance No. 22, Series of 2011.
• Items A, B & C – Revisions to Grading/Landscape Walls – are being
considered following focused Civil Design and conversations with the
Engineering Department in early February 2020. Controlling slopes and
creative grading have always been a design challenge and tool at
Burlingame Phase II. Throughout Phase II, many of the steep grades
have been mitigated by the use of boulder retaining walls. This means of
control was due to the large number of boulders found in the grading
and the excavation of foundations throughout Phase II. As the bulk of
the major grading at Phase II has been completed, it is anticipated that
there will now be a lack of onsite boulders. Due to this, the team is
looking to use traditional 2:1 grading and potentially engineered walls in
some locations.
• Items D, E & F – Architectural Modifications. Revised Water Entry
Room Locations, Architectural Privacy Screens & Revised Detailing at
Decks and Railings – In mid-October 2019, the Design Team and City
Staff met with the Community Development Department to discuss
potential architectural amendments. Following the conversation, we
have refined and further studied these instances. In addition, we
discussed items D & E with the City Council in a December 2019 Work
Session. The items cited and proposed are in response to increased
technical Study on the function of building systems, levels of privacy as
cited in Public Outreach as well as study of the Phase II construction
detailing. The intent is to propose an evolved and educated product.
(5) An applicant may not apply for Detailed Review if an amendment is pending.
Applicant Response: There are no pending amendments to this project.
(b) Insubstantial Amendment to a Designated Area. – Does not Apply
(c) Documenting or Restating Existing Conditions. Does not Apply
(d) Minor Amendment to a Project Review approval. Does not Apply
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(e) Minor Amendment to a Detailed Review approval. Does not Apply
(f) Major Amendment. Does not Apply
(g) Amendment Conditions. Does not Apply
(h) Absence of approved final development plan. Does not Apply
(i) Rescinding a Planned Development Designation. Does not Apply
( Ord. No. 35-1999, § 1 ; O rd. No. 36-2013, § 4 ; Ord. No. 9-2015, § 8&9 )
08/26/2020
Response to Ordinance No. 22, Series 2011
Page 1 of 22
Exhibit - H4 - Responses to Ordinance 22, 2011
June 1, 2020
Applicant Overview of Response to Ordinance 22, 2011 – Responses have been provided in the
following sections of Ordinance 22, 2011:
• Section 8: Zoning Allowances and Limitations
o 8.1 – Lots, 1, 2 and 3 (Lot 1 is Phase I, Lots 6 and 7 combined) – Single-
Family/Duplex Lots
o 8.2 – Phase II, Tracts 1, 2, and 3 – Multi-Family residential unit
o 8.3 – Park Parcels A and B – Public Parks.
o 8.4 – Park Parcel C – Public Park and Possible Future Childcare Facility.
• Section 21: Amendments
Items not noted above do not include the suggested adjustments or are not in scope
Applicant responses and notes delineated by Bold Text and Font.
Text in Times Roman is taken from Aspen Colorado
Municipal Code –
ORDINANCE N0. 22
(SERIES OF 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN GRANTING
LAND USE APPROVALS AND A DEVELOPMENT ORDER FOR A SITE SPECIFIC
DEVELOPMENT PLAN INCLUDING FINAL APPROVAL FOR SUBDIVISION,
PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT, REZONING, SPECIAL
REVIEW, CONDOMINIUMIZATION, AND VESTED RIGHTS FOR PHASE TWO
BURLINGAME RANCH AFFORDABLE HOUSING SUBDIVISION/PUD, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
Legal Descriptions:
BURLINGAME RANCH AFFORDABLE HOUSING FILING 1; TRACTS A, B and C
Parcel ID Nos.
Tract A – 2735-023-11-015
Tract B – 2735-023-11-016
Tract C – 2735-023-11-017
BURLINGAME RANCH AFFORDABLE HOUSING FILING 1; Block 1; Lots 6 and 7
Parcel ID Nos.
Lot 6 – 2735-023-11-006
Lot 7 – 2735-023-11-007
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Response to Ordinance No. 22, Series 2011
Page 2 of 22
WHEREAS, the Aspen City Council, pursuant to Resolution No. 120, Series of 2000,
determined Burlingame Ranch PUD (hereinafter the “Project”) eligible for the process of the
Convenience and Welfare of the Public (COWOP) for the purpose of developing deed restricted
affordable housing; and,
WHEREAS, the COWOP land use review process, Section 26.500 of the City of Aspen
Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects
of significant community interest, when determined necessary by the Aspen City Council according
to said Section, to conduct an iterative process considering input from neighbors, property owners,
public officials, members of the public, and other parties of interest, and assembling a Burlingame
Affordable Housing Task Force Team, providing recommendations directly to Aspen City Council;
and,
WHEREAS, the COWOP review process enabled the planning and design of the Project
to reflect essential community goals and values, taking into consideration various opinions and
expressed points-of-view from neighbors, the land owner, citizens and city staff; and,
WHEREAS, the Project is of higher quality as a result of the Burlingame Affordable
Housing COWOP Task Force Team review process and its thoughtful and interactive
discussions, than may have otherwise resulted if the project had not been reviewed as a COWOP
application; and whereas, the COWOP land use review process does not and has not lessened
any public hearing, public noticing, or any critical analysis or scrutiny of the project as would
otherwise be required; and,
08/26/2020
Response to Ordinance No. 22, Series 2011
Page 3 of 22
WHEREAS, the Burlingame Affordable Housing COWOP Task Force Team met nine
(9) times, at legally noticed public hearings, to identify the site’s opportunities and constraints
and to develop guidelines for the development of the property. The COWOP Task Force Team
forwarded a recommendation to the Aspen City Council who adopted the recommendation through
Resolution No. 98, Series of 2003, at a regular meeting; and,
WHEREAS, on November 22, 2004, the City Council granted, through Ordinance No.
120, Series of 2004, conceptual approval with conditions to a three-phase development plan as
proposed by the applicants in the “Conceptual Master Plan Submittal”, dated after September 7,
2004, after finding that the Project met with the development standards as required by the Aspen
Municipal Code; and,
WHEREAS, on April 25, 2005, the City Council granted, through Ordinance No. 24, Series
of 2005, Final approval for Phase One, the project was built and is currently occupied; and,
WHEREAS, on October 20, 2009, the City Council directed Asset Management staff of
the City to assemble an Integrated Project Delivery (IPD) team for planning Phase Two of
Burlingame and the IPD team is comprised of City Asset staff and professional consultants from
OZ Architecture and subconsultants Rider Levett Bucknall, Haselden Construction, and
Engineering Economics, Inc.; and,
WHEREAS, the City Council, consistent with the COWOP review process, directed the
design team to create community awareness of the project planning and various design elements and
gain comments, feedback, ideas, and suggestions for Phase Two through public hearings, open
houses, and other public feedback sessions; and,
WHEREAS, the IPD team conducted approximately eighteen public outreach activities
and input sessions over 2010 and 2011 which has enabled the planning and design of Phase Two
to reflect essential community goals and values, taking into consideration various opinions and
expressed points-of-view from neighbors, residents of Phase One, potential financial partners,
citizens, elected and appointed officials, referral agencies, design and construction professionals,
and city staff; and,
WHEREAS, the City Council adopted Resolution No. 42, Series 2010, endorsing the
design direction of Phase Two; and,
WHEREAS, the Application and design for Phase Two has evolved in response to ideas,
suggestions, input, criticisms, and the goals, values, and needs of and from the community and is
comprised of the following:
• 167 residences comprised of 161 multi-family units and 6 single-family homes. The
multi-family units are comprised of 46 one-bedroom units, 49 two-bedroom units, and 66
three-bedroom units. The single-family homes will contain three bedrooms each.
• The extension of Forge Road and associated sidewalks, curbing, street trees, and lighting.
• The development of 350 additional parking spaces, 28 of which are to supplement a
parking deficiency of Phase One and the remainder are to be allocated between Phase Two
multi-family units and the Homeowners Association. A portion of the additional parking
spaces will be within public rights-of-way. Parking for the single-family homes will be on
their respective lots.
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• The development of common amenities such as mail stations and combined
transit/trash/recycling facilities.
• The development of common areas to be managed and maintained by the Homeowners
Association and the development of public parks and trails to be managed and
maintained by the City Parks Department.
• Other project elements and components as described in the December 10, 2010, land use
application and as depicted and illustrated in Exhibit A.
; and,
WHEREAS, the development of Phase Two requires the following land use approvals and
conformance with review criteria contained in the respective Chapters and Sections of the City of
Aspen Land Use Code:
• Final Planned Unit Development, pursuant to Land Use Code Chapter 26.445.
• Subdivision, pursuant to Land Use Code Chapter 26.480.
• Amendment to the Zone District Map, pursuant to Land Use Code Chapter 26.310.
• Growth Management Review – Affordable Housing, pursuant to Land Use Code Chapter
26.470.
• Special Review for Parking, pursuant to Land Use Code Chapter 26.430.
• Condominiumization, pursuant to Land Use Code Section 26.480.090.
• Acceptance of public right-of-way, pursuant to C.R.S. 43-2-303 for certain streets and
public ways within the subdivided property.
• Vested Rights, pursuant to Land Use Code Chapter 26.308, for a 10-year period.
; and,
WHEREAS, the City of Aspen Community Development Director has reviewed the
proposed development in consideration of the recommendations of the COWOP Task Force Team,
the conditions of the conceptual approval, the physical conditions of Phase One, the requirements
of the land use code, and comments from applicable referral agencies and has recommended
approval of the Final PUD subject to conditions of approval as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the development proposal
under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered the recommendation of the Burlingame Ranch COWOP Task Force Team, the conditions
of the conceptual approval, the physical conditions of Phase One, comments and suggestions from
residents of Phase One, the requirements of the land use code, comments and recommendations
from City Asset Management staff and the IPD team, the recommendation of the Community
Development Director, recommendations of applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the Final PUD plan for Phase I, with
conditions, is consistent with the goals and elements of the 2000 Aspen Area Community Plan,
especially those goals relating to the development of affordable housing within the Urban
Growth Boundary and the preservation of open space; and,
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WHEREAS, the Aspen City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Burlingame Ranch Affordable Housing Phase II Final Subdivision/PUD Approved
The Burlingame Ranch Affordable Housing Phase II development as described in the December 10,
2010, application is hereby granted all necessary land use approvals including Subdivision, Final
PUD, Subdivision Exemption for Condominiumization, Growth Management Quota System
(GMQS) Approval for Affordable Housing, Special Review for Parking, and Vested Rights, and is
issued a Development Order for a Site Specific Development Plan, subject to conditions of approval
as described herein.
Section 2: Burlingame Ranch Conceptual Plan Amendment Approved
Conceptual approval for Burlingame Ranch, approved by City Council Resolution No 120,
Series 2004, allowed the final approval of each phase of the project to confirm or amend the
conceptual approval to be consistent with that phase and the overall changes within the subdivision.
Accordingly, the Burlingame Ranch project (all phases together) may include up to
258 deed-restricted employee housing units (245 multi-family units and 13 single-family units)
community buildings, parks and recreational facilities, transportation facilities, and other
infrastructure and amenities as described in Ordinance No. 24, Series 2005, the recorded
Subdivision Agreement for Phase I recorded at reception no. 516000 and associated reference
documents therewith, the approved “density agreement” approved by the Aspen City Council via
Resolution No. 82, Series 2009, and as further described herein.
Section 3: Approval to Implement in Multiple Phases
In consideration of the phased aspect of the entire project and the variable needs of the
community that may cause the need for Phase II to be implemented in several deliveries or sub-
phases, City Council hereby approves the implementation of Burlingame Ranch Phase II over
multiple phases. Each phase shall be planned so as to minimize disruption to existing residents
and to ensure an economy of construction. The Final PUD Plans shall include a Phasing Plan.
Amendments to this plan may be approved by the Community Development Director. No prescribed
limit or timeframe between phases shall apply.
Section 4: COWOP Process Continues
The Burlingame Ranch Affordable Housing project was originally determined eligible for the
City’s COWOP review process pursuant to Land Use Code Section 26.500, Development
Reasonably Necessary for the Convenience and Welfare of the Public, through City Council
Resolution No. 120, Series 2000. Conceptual approval for Burlingame Ranch, approved by City
Council Resolution No 120, Series 2004, allowed the final review and entitlement for each phase
to remain subject to the COWOP land use review process until such time as the City Council
concludes the COWOP review process for the projects, which may occur on a staggered basis.
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The entire Burlingame Ranch Affordable Housing project, including Phase I, remains active as a
COWOP land use review. It is expected that all portions of the project will remain subject to the
COWOP review process through the completion of each phase and with a reasonable amount of time
to address necessary amendments. Conclusion of the COWOP review process for each phase shall
be by City Council resolution.
Section 5: Rezoning
The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat
for the Project, amended by the Community Development Director to reflect Parks parcels A and
B as included in the Park (P) Zone District with a Planned Unit Development (PUD) Overlay. Park
C shall be included in the Public (PUB) Zone District with a Planned Unit Development (PUD)
Overlay. All other Tracts and Lots within the Subdivision shall continue to be zoned Affordable
Housing (AH) with a Planned Unit Development (PUD) Overlay. All zoning boundaries shall be
according to the recorded subdivision plat for Phase II.
Section 6: Burlingame Ranch Phase Two Subdivision & Street Dedication Plat and Final
PUD Plans
Within one year following the date of final approval by the City Council, the record owners of
the underlying lands shall prepare and submit a Subdivision and Street Dedication Plat and Final
PUD Plans for the Burlingame Ranch Affordable Housing Phase II Subdivision/PUD.
6.1 A Subdivision and Street Dedication Plat that subdivides Tracts A, B, and C, Burlingame Ranch
Affordable Housing Subdivision, Filing No. 1, First Amendment into the following Lots, Tracts,
and Parks, as depicted on the Proposed Subdivision Plat, attached as Exhibit B.
Lots 1, 2, and 3. (Lot 1 comprised of Lots 6 and 7, Filing 1, Block 1)
Parks A, B, and C
Tracts 1, 2 and 3; which may be further subdivided in the future.
a. The plat shall dedicate to the public certain rights-of-way as described in the Proposed
Subdivision Plat, attached as Exhibit B.
b. The Subdivision Plat shall detail the areas anticipated to be used by the Burlingame
Ranch Affordable Housing Project and removed from the Conservation Easement,
fulfilling the requirement of the prior Deed of Conservation Easement in Gross.
c. The grant of certain perpetual easements for all maintenance and repair of the slopes and
retaining structures (generally adjacent to Deer Hill to the west of Phase II).
d. The Subdivision Plat shall grant certain perpetual easements as described in the draft
subdivision plat, including all access, emergency access, transit, utility, maintenance and
trails, parks and trails, general use easements described thereon.
e. The Subdivision Plat shall reference, and the applicant shall obtain, access and
development easements for off-site improvements including certain proposed trails and trail
segments and a turn-around shown on the northern-most portion of the project.
f. The Subdivision Plat shall grant a perpetual easement to the general public over and
across each of the three parks parcels and a 4-foot wide easement to the general public
across all proposed trails.
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g. The Subdivision Plat shall grant a 4-foot wide perpetual access and maintenance
easement to the City of Aspen Parks Department general public over and across all
proposed trails within the Subdivision and on those portions of planned trail associated with
this project located outside of the subdivision boundaries.
6.2 A Final PUD Development Plan Set that includes:
a. An illustrative site plan showing the layout of existing and planned improvements for the
entire development, all phases.
b. An illustrative site plan showing the layout of existing and planned improvements for
Phase I, including the development of additional parking and stairway connections as
described in the “density agreement” memorialize in City Council Resolution 82, Series
2009.
c. An illustrative site plan showing the layout of planned improvements for Phase II as
depicted in attached Exhibit A.
d. A Phasing Plan showing the expected construction phasing for Phase II, subject to
amendment by the Community Development Director.
e. An architectural character plan showing the massing, fenestration, and materials of each
building within Phase II as generally depicted in attached Exhibit A.
f. Dimensioned drawings of all buildings proposed within the project showing dimensions
for all zoning parameters in graphic and tabular format. This shall include an illustrative
site plan for zoning compliance that illustrates tracks, lots, building footprints, setbacks,
allowable floor area per building, stairs, and retaining devices including boulder walls
and carport walls. Project dimensions approved for the project are as described in
Exhibit A.
g. An addressing plan meeting the standards of the City of Aspen Zoning Officer which
includes a signage plan with building directories.
h. An exterior lighting plan meeting the City’s outdoor lighting limitations.
i. A Master Utility Plan including profiles and sections.
j. A Drainage Plan and report that complies with the City’s Urban Runoff Management
Plan.
k. A Common Facilities Plan sighting all common mail stations, trash/recycling facilities,
transit facilities, parking facilities, and similar facilities common to the Subdivision.
l. A Finished Grading Plan showing elevations for measuring building heights.
m. A Landscape Plan for all portions of the multi-family Tracts, common areas, public
parks, and landscaped portions of public right-of-way. The landscape plans should be
reviewed and approved by The Parks Department with a required signature on the
Landscape sheets. To the extent practical, planting strips within the right-of-way should
provide 5 feet or more in width between the back of curb and the edge of the sidewalk.
Planting strips should be designed with 4 feet of good quality topsoil and growing media.
The Applicant will be required to use structural soils where a non-compacted continuous
root zone cannot be provided. These soils will be required within the City Rights of Way
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and/or as may be required on the private property. Structural Soils are applicable in
situations where tree rooting potential is insufficient in designated planter areas adjacent to
sidewalks. The hydromulching specifications should be changed to be weed free straw
mulch with tackifier.
Spacing and type of street trees must be coordinated with the Parks Department. All
plantings along the edge of private property and the City ROW should be of size and species
which will not require major maintenance, pruning, or trimming due to over growth. Tree
lighting electrical conduits must comply with City of Aspen standards;
The landscape plans shall include provision of irrigation connections that provide adequate
pressure and coverage, for landscaped areas of the multi-family tracts, common areas,
rights-of-way, and public parks. The City shall be provided adequate access to maintain
and control irrigation of the two public parks. The Development Agreement shall
address maintenance, control, and responsibilities for the irrigation of all multi- family
tracts, common areas, rights-of-way, and public parks to the satisfaction of the Parks
Department. Design and planning of all phases of the irrigation system should include the
coordination between the applicant and staff from the Parks and Utility Departments.
n. A detailed irrigation plan and agreement describing the water sources, the location of the
water reuse lines acceptable to Aspen City Utilities, backup system with potable water,
ponds, pumps and valves used for irrigation supply. The Plan shall allow appropriate
access and easements for maintenance and control of the Proposed Water Reuse Line.
The details of secondary lines, head locations and types of heads will be completed prior
to the building permit.
Section 7: Development Agreement
Contemporaneously with the recording of the Subdivision and Street Dedication Plats, the record
owners of the lands within Burlingame Ranch Phase II shall prepare, execute and record a
Development Agreement meeting the requirements of Section 26.445.070.C setting forth a
description of the proposed improvements and obligations of the parties, including the following:
7.1 The construction of Paepcke Drive (extended Forge Road), and associated sidewalks,
curbing, signage, and drainage improvements as depicted in the Final PUD Plans. This
obligation shall continue until the improvements are accepted by the City Engineer as complete
and built to design specification, plus a two-year guarantee period. Acceptance may occur
in phases. The Agreement shall allow the City Engineer to require repair or replacement of
defective road, sidewalk, curbing, signage, or road drainage facilities prior to the conclusion of
the two-year guarantee period.
The Agreement shall allow the City Engineer to require any temporary access or emergency
access road to be stabilized, treated with dust suppressant, paved, overlaid, or otherwise
upgraded or maintained as may be necessary to ensure adequate access, safety, and to minimize
erosion, tracking mud, dust, growth of noxious weeds, and other public health or nuisance
issues for current residents. This obligation shall extend through construction and
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non-construction periods until all portions of the road system have been finally accepted as
complete.
7.2 The installation of additional parking and a stairway connection to Phase One, as described and
memorialized in City Council resolution No. 82, Series 2009.
7.3 The installation and/or relocation of all utilities depicted and described in the Master Utility
Plan of the Final PUD Plans. This obligation shall continue until the improvements are
accepted by the City Engineer as complete and built to design specification. Acceptance of
any utility not administered by the City of Aspen shall require approval by the associated utility
provider. Acceptance may occur in phases.
7.4 The installation of all drainage facilities depicted and described on the Drainage Plan of the
Final PUD Plans. This obligation shall continue until the improvements are accepted by the
City Engineer as complete and built to design specification, plus a two-year guarantee
period. Acceptance may occur in phases. The Agreement shall allow the City Engineer to
require repair or replacement of defective drainage facilities prior to the conclusion of the
two-year guarantee period.
7.5 The installation of all common facilities improvements depicted and described on the Common
Facilities Plan of the Final PUD Plans including common mail stations, trash/recycling
facilities, transit facilities, parking facilities, and similar facilities common to the Subdivision.
This obligation shall continue until the improvements are accepted by the City Engineer as
complete and built to design specification. Acceptance may occur in phases.
7.6 The installation of all landscape improvements depicted and described on the Landscape Plan
of the Final PUD Plans. This obligation shall continue until the improvements are accepted by
the Parks Director as complete and built to design specification, plus a two-year landscape
guarantee period to ensure success of plantings. Acceptance may occur in phases. The
Agreement shall allow the Parks Director to require replacement of plantings as necessary prior
to the conclusion of the two-year guarantee period.
7.7 The development and transfer of Parks parcels A, B, and C. The Agreement shall define and
describe an acceptable level of construction finish of the three Parks parcels to be accomplished
by the Applicant. The City Parks Department and the Applicant shall jointly define this
construction finish. The Agreement shall provide for transfer of Parks parcels A and B to the
City Parks system upon substantial completion to the finish described and upon request by the
Parks Director. Park C shall be transferred to the City to be owned by the General Fund in
light of potential development of all or a portion as a child care facility. The Parks Department
may further develop these three parcels as City parks and shall manage and operate the
parcels. If and when the potential for a child care center is finally not pursued, Park
parcel C shall be transferred to the City Parks system.
7.8 A Final Phase II Transportation & Mobility Plan and an Amended Phase I Transportation &
Mobility Plan approved by the Transportation Director. Changes to ongoing bus service may
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be necessary. Service is based on ridership demand, the availability of funding, and overall
community transportation needs. Amendments to the Phase I mobility plan shall be approved
by the Burlingame Ranch I Condominium Association. The two plans may be combined.
7.9 Financial Assurances and Site Protection. The Development Agreement shall include the
Applicant’s commitment and agreement that before an Access Infrastructure Permit is issued
for any and each portion of Burlingame Phase II, the Applicant shall provide a letter from the
City Manager stating that the Applicant has in place all necessary financing to accomplish
and complete the construction of the improvements planned within the sub-phase of
development, including all structures, infrastructure, common facilities, and public
improvements within the particular sub-phase to be developed. This requirement shall apply
to each sub-phase of development.
The Development Agreement shall include the Applicant’s commitment and agreement that
in the event construction work on Burlingame Ranch Phase II, or phase thereof, shall cease
for sixty (60) days or longer (‘work stoppage’) and such work stoppage not being a result of
any event of force majeure, the Applicant shall protect and secure the Project site and
improvements from damage by the elements or from trespass by unauthorized persons and
ensure the site remains in a safe condition such that it does not become an attractive nuisance
or otherwise pose a threat to neighbors or other persons.
7.10 Cross-References. The Development Agreement shall include cross-references to recorded
plats, easements, agreements, and PUD plan sets as described herein as well as references to
existing documents for Phase One.
Section 8: Zoning Allowances and Limitations
Zoning allowances and limitations for development within Phase Two are as follows:
8.1 – Lots, 1, 2 and 3 (Lot 1 is Phase I, Lots 6 and 7 combined) – Single-Family/Duplex Lots
a. Each Lot may be developed with a single-family residence, two detached single-family
residences, or a duplex.
b. Floor Area for Lots 1 and 3 shall be 2,550 square feet per residence. Floor Area for Lot 2
shall be 1,900 square feet per residence. Floor Area is as defined and measured by the
City of Aspen and as may change from time to time. Decks, patios, and covered or
uncovered exterior stairs shall be considered exempt from Floor Area up to 15% of the
allowable Floor Area per residence.
c. Setbacks for these Lots shall be:
Front – 5 feet for all portions of the houses, including garages.
The front setback shall be measured from the Forge Road or Paepcke Drive
lot line, as applicable.
Sides – 5 feet.
Rear – 5 feet.
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Distance Between Structures – 10 feet between detached residences (does not apply to
duplex structures). 5 feet between detached principal and accessory structures.
Certain projections into setbacks are permitted pursuant to the Calculations and
Measurements section of the City’s Land Use Code. Retaining devices are permitted within
setback areas, including boulder walls, poured concrete walls, carport walls, and similar
structures which may also include integrated stairs.
c. Height is limited to 30 feet, as defined and measured to finished grade per the building
height measurement exhibit, Exhibit C. Certain exceptions to height restrictions are
permitted pursuant to the Calculations and Measurements section of the City’s Land Use
Code.
d. Each single-family/duplex lot must have at least two parking spaces per residence, which
may be garage or surface spaces. Spaces must be a minimum of 9 feet by 18 feet.
e. Accessory Dwelling Units are not permitted.
f. Sheds, green houses, and similar accessory structures are governed by the City’s
Calculations and Measurements section of the Land Use Code and certain limitations on
location and size apply.
g. Fences are governed by the City’s Calculations and Measurements section of the Land
Use Code and certain limitations on location, size, and materials apply.
h. All other provisions of the City’s Calculations and Measurements section of the Land
Use Code, as changed from time to time, shall apply.
i. Single-Family/Duplex lots are subject to the architectural design guidelines adopted and
recorded as part of Phase I. The City’s Residential Design Standards do not apply.
Applicant Response: Any changes proposed within the Current Insubstantial Amendment
request do not apply to Lots, 1, 2 and 3 (Lot 1 is Phase I, Lots 6 and 7 combined) – Single-
Family/Duplex Lots. The previous mentioned lots are not in scope of this work.
8.2 – Phase II, Tracts 1, 2, and 3 – Multi-Family residential units.
a. Tract 1 – 41 Multi-family residential units within four buildings, 115 carports with integrated
storage units, 60 surface parking spaces. Allowable Floor Area for each building is as
follows:
a. Building 2 – 14,880 square feet of Floor Area
b. Building 4 – 12,920 square feet of Floor Area
c. Building 5 – 4,720 square feet of Floor Area
d. Building 14 – 10,780 square feet of Floor Area
b. Tract 2 – 51 Multi-family residential units within four buildings, 19 carports with
integrated storage units, 7 surface parking spaces. Allowable Floor Area for each building
is as follows:
o Building 1 – 12,920 square feet of Floor Area
o Building 3 – 8,820 square feet of Floor Area
o Building 6 – 15,670 square feet of Floor Area
o Building 7 – 15,670 square feet of Floor Area
c. Tract 3 – 69 Multi-family residential units within seven buildings, 28 carports with integrated
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storage units, 10 surface parking spaces. Allowable Floor Area for each building is as
follows:
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o Building 8 – 12,130 square feet of Floor Area
o Building 9 – 12,130 square feet of Floor Area
o Building 10 – 7,650 square feet of Floor Area
o Building 11 – 7,650 square feet of Floor Area
o Building 12 – 15,670 square feet of Floor Area
o Building 13 – 12,130 square feet of Floor Area
o Building 15 – 7,650 square feet of Floor Area
d. Floor Area shall be as defined and measured by the City of Aspen and as may change
from time to time. Carport structures, integrated mail/transit/trash/recycling structures,
decks, patios, and covered or uncovered exterior stairs shall be exempt from Floor Area.
Future elevators shall be exempt from Floor Area.
e. The right-of-way comprising Paepcke Drive (extended Forge Road) contains an
additional 83 surface parking spaces for the use by the multi-family residential units
contained in Tracts 1,2 and 3 above. The location of the additional 28 parking spaces
designated for Phase 1 parking enhancement is yet to be determined.
f. Setbacks within the Multi-Family Tracts shall be:
Front – 5 feet for all residential structures
0 feet for carport structures including mail/transit/trash/recycling facilities.
0 feet for surface parking
The front setback shall be measured from the Forge Road / Paepcke Drive lot
line, as applicable.
Sides – 5 feet for all residential structures
5 feet for carport structures including mail/transit/trash/recycling facilities.
5 feet for surface parking
Rear – 5 feet for all residential structures
5 feet for carport structures including mail/transit/trash/recycling facilities.
5 feet for surface parking
Certain projections into setbacks are permitted pursuant to the Calculations and
Measurements section of the City’s Land Use Code. Retaining devices are permitted within
setback areas, including boulder walls, poured concrete walls, carport walls, and similar
structures which may also include integrated stairs.
f. Distance between buildings shall be as described on the Final PUD Plans and as
otherwise limited by the Building Code.
g. Carports may contain storage. Carports may not be altered in a way that prohibits
parking a car. Car parking space within each carport must be a minimum of 9 feet by 18
feet. Individual or grouped garage doors may be added by the Homeowners Association.
h. Height for buildings in the Multi-Family Tracts is limited to 38 feet, as defined and measured
to finished grade per the building height measurement exhibit, Exhibit C. Certain
exceptions to height restrictions are permitted pursuant to the Calculations and
Measurements section of the City’s Land Use Code. Future elevators shall be exempt
from height limitations.
i. Accessory Dwelling Units are not permitted.
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j. Vending machines are not permitted.
k. Community Garden(s) are permitted within common areas, where appropriate and as
designated/approved by the HOA. Sheds, green houses, and similar accessory structures
are governed by the City’s Calculations and Measurements section of the Land Use Code
and certain limitations on location and size apply.
l. Fences are governed by the City’s Calculations and Measurements section of the Land
Use Code and certain limitations on location, size, and materials apply.
m. All other provisions of the City’s Calculations and Measurements section of the Land
Use Code, as changed from time to time, shall apply.
n. Multi-family buildings are not subject to the City’s Residential Design Standards.
However, the buildings’ character shall be in substantial conformance with the final PUD
plans. Amendments to the design shall be reviewed administratively. Substantial
deviations from the final PUD plans may require City Council review.
Applicant Response: The requests as follows are consistent with the projects original approval
as spelled out in this Ordinance No. 22, Series of 2011.
• Items A, B & C – Revisions to Grading/Landscape Walls – are being
considered following focused Civil Design and conversations with the
Engineering Department in early February 2020. Controlling slopes and
creative grading have always been a design challenge and tool at
Burlingame Phase II. Throughout Phase II, many of the steep grades have
been mitigated by the use of boulder retaining walls. This means of control
was due to the large number of boulders found in the grading and the
excavation of foundations throughout Phase II. As the bulk of the major
grading at Phase II has been completed, it is anticipated that there will now
be a lack of onsite boulders. Due to this, the team is looking to use
traditional 2:1 grading and potentially engineered walls in some locations.
• Items D, E & F – Architectural Modifications. Revised Water Entry Room
Locations, Architectural Privacy Screens & Revised Detailing at Decks and
Railings – In mid-October 2019, the Design Team and City Staff met with
the Community Development Department to discuss potential architectural
amendments. Following the conversation, we have refined and further
studied these instances. In addition, we discussed items D & E with the City
Council in a December 2019 Work Session. The items cited and proposed
are in response to increased technical Study on the function of building
systems, levels of privacy as cited in Public Outreach as well as study of the
Phase II construction detailing. The intent is to propose an evolved and
educated product.
8.3 – Park Parcels A and B – Public Parks.
Allowed in and on Parks parcels A and B are the construction, installation, maintenance and
operation of public parks and facilities appurtenant to park usage such as playground equipment,
seating, shade structures, bathrooms, and similar installations normally associated with an active
park. Vending machines are not permitted. A maintenance structure of up to 750 square feet and
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not exceeding 12 feet in height may be developed within each of the Parks parcels. Sighting and
design of such a structure shall require an insubstantial amendment by the Community
Development Director. Retaining devices shall not require a setback. Fences are governed by
the City’s Calculations and Measurements section of the Land Use Code and certain limitations on
location, size, and materials apply. Any other structure higher than 6 feet from finished grade
shall be setback a minimum of 10 feet from any lot line of the park.
Applicant Response: Any changes proposed within the Current Insubstantial Amendment
request do not apply to Park Parcels A and B – Public Parks.. The previous mentioned lots are
not in scope of this work.
8.4 – Park Parcel C – Public Park and Possible Future Childcare Facility.
Allowed in and on Park parcel C, the southern-most parcel, are the same uses and dimensional
limitations as for Parks parcels A and B, with the additional allowed uses of the Public Zone
District and specifically the allowance for a child care facility. Development of such a child care
facility is hereby approved as a conditional use, but shall require a substantial amendment to the
COWOP approval by City Council for design and operational considerations and the adoption of
revised dimensional limitations. An amendment to the conditional use is not necessary.
Applicant Response: Any changes proposed within the Current Insubstantial Amendment
request do not apply to Park Parcel C – Public Park and Possible Future Childcare Facility. Thee
previous mentioned lots are not in scope of this work.
Section 9: Growth Management and Affordable Housing
City Council hereby grants growth management allotments for the development of 167
affordable housing residences.
The 91 housing units in Burlingame Ranch Phase I met the 70% to 30% ratio requirement for
affordable housing bedrooms to free market housing bedrooms as required in the AH/PUD Zone
District. Specifically, the bedroom count for the Stage Road PUD/Subdivision is sixty (60)
bedrooms, which requires that one hundred forty (140) affordable housing bedrooms be
provided. The Phase I bedroom count for the Burlingame Ranch AH project is 191, plus an
estimated additional 21 bedrooms developed in the 7 single-family lots, far exceeding the 140
minimum bedroom requirement.
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The development of an additional 167 units and 360 bedrooms further meets the 70/30 requirements
of the AH/PUD Zone District and is in conformance with the 4th Amended and Restated Pre-
Annexation Agreement between the City of Aspen and Bar/X Ranch, allowing for the development
of the Stage Road PUD/Subdivision approved through Ordinance No. 6, 2005.
Units may be reserved by and pre-sold to local residents who qualify according to the Aspen/Pitkin
County Housing Authority Guidelines and with specific procedures established by APCHA and the
City Council regarding a unit pre-sales program. Units may be reserved by and pre-sold to local
businesses and organizations according to the Aspen/Pitkin County Housing Authority Guidelines
and with specific procedures established by APCHA and the City Council regarding a unit pre-
sales program. Local businesses and organizations purchasing units may use such unit purchase as
credit towards housing mitigation requirements of the City. Credit shall be recognized on an FTE
basis and tracked by the Community Development Department and the Housing Authority. Local
businesses and organizations owning such units may lease or sell the units to qualified residents of
their choosing and according to applicable rental or sale allowances and restrictions of the Housing
Guidelines.
The units within Phase II must be deed restricted as affordable housing – Resident Occupied or
lower designation. The determination of maximum price Categories shall be finalized by the
City Council prior to transfer of each unit. Designation of categories shall take into
consideration unit size, type, cost, community need, and other factors. Following is an initial
price designation mix. Final designations of categories may deviate from the following schedule
at the discretion of the City Council:
Unit Type \ Category Cat 1 Cat 2 Cat 3 Cat 4 Cat 5 Cat 6 Cat 7 Cat RO Total #
1 Bedroom Flat 0 16 17 9 4 0 0 0 46
2 Bedroom Flat 0 12 16 2 0 0 0 0 30
2 Bedroom Townhome 0 2 0 8 4 3 2 0 19
3 Bedroom Flat 0 9 17 13 3 4 1 0 47
3 Bedroom Townhome 0 0 2 1 6 5 5 0 19
Single Family Home 0 0 0 0 0 0 0 6 6
Total 0 39 52 33 17 12 8 6 167
Section 10: Building Permit Submission Requirements
In addition to the standard submission requirements for a building permit, the Applicant shall
submit the following:
a. A signed copy of the final City Council Ordinance and the recorded Development
Agreement granting land use approvals.
b. An affidavit from the primary contractor stating that the final City Council Ordinance and
the recorded Development Agreement granting land use approvals have been read and
understood.
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c. An affidavit from the primary contractor stating that the improvements will be constructed
according to plans approved by the City of Aspen Building Department, including approved
change orders. The contractor shall certify that change orders will be obtained prior to
being implemented.
d. Detail civil plans for the construction of Paepcke Drive and associated sidewalks,
curbing and drainage improvements as depicted in the Final PUD Plans. Plans for
temporary construction roads, emergency access roads, and construction staging areas,
including drainage controls thereon, shall be developed to a level of design sufficient and
acceptable to the City Engineer.
e. Detail civil plans for the installation and/or relocation of all utilities depicted and
described in the Master Utility Plan of the Final PUD Plans
f. Detail civil plans for the installation of all drainage facilities depicted and described on
the Drainage Plan of the Final PUD Plans;
g. A construction signage plan for approval by the parking and Engineering Departments
signing both sides of Aspen Street as No Parking Fire Lane; signing the public parking
spaces within the turn-around as Emergency and Official Vehicles Only; and specifying
sign receivers to be placed during construction.
h. A detailed irrigation plan showing secondary lines and types and locations of irrigation
heads.
i. Payment of all applicable development permit fees in effect at the time of submission
which are payable upon permit submission.
Section 11: Building Permit Issuance Requirements
In addition to the standard requirements for issuance of a building permit, the following
conditions must be met prior to issuance of a building permit:
a. The Applicant shall pay the TDM/AQ impact fees and school lands dedication fees
according to the calculation methodology and fee structure contained in Section 12, below,
and according to the number and type of units within the permit.
b. Payment of all applicable development permit fees in effect at the time of submission which
are payable upon permit issuance.
c. A vegetation protection fence shall be erected at the perimeter of the construction zone(s)
of the project or sub-phase to protect existing vegetation remaining on of adjacent to the
site. This fence must be installed and inspected by the City Forester or his/her designee
prior to issuance of an Access Infrastructure or start of any significant site grading work.
The protective fencing and vegetation protection protocols shall remain in place through-
out the construction period or as otherwise allowed to be removed by the City Parks
Department.
d. The final application represented that the development in Phase Two will meet specific energy
performance according to the Building America program. Prior to issuance of a Building
Permit for buildings within Phase Two, sufficient evidence as may be acceptable
to the Chief Building Official demonstrating the project has been designed to this higher
standard of environmental performance shall be presented and accepted.
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Section 12: Impact Fees
Park Impact Fees
Pursuant to Ordinance 24, Series 2005, (Phase One approvals), the preservation of approximately
195 acres of land (Deer Hill) in conjunction with the Bar/X development, and in consideration of
the dedication of three park parcels within Phase Two totaling approximately 2.37 acres, City
Council hereby waives the Park Development Impact Fees for the development within Phase Two
of Burlingame Ranch, pursuant to Land Use Code Section 26.610.100.
School Land Dedication in Lieu Fees
The Burlingame Ranch Affordable Housing Development shall provide a cash in lieu fee to the
Aspen School District based on the formula contained below. The Aspen School District has
previously indicated interest in having land dedicated to the district for the purpose of housing
district employees, for other district purposes, or selling land dedicated to them within
Burlingame Ranch for revenue. The intended purpose of the Burlingame Ranch development is
to provide affordable housing and not to create a public facility and the potential additional
impacts such as a school could induce. The City Council may provide to the Aspen School
District, with their agreement, a subdivided residential lot(s) in Burlingame Ranch at a value
equal to the fee.
Fees are assessed based on one-third the value of the unimproved land divided by the proposed
number of residential units on a per acre basis. The value of the unimproved land was
determined during Phase One at $12,448.62 per acre. This value divided by the land dedication
standard for the number of units in each of the bedroom categories results in a total impact fee of
$215,196.85.
Unit Size Fee per Unit Quantity Total Fee
1 bedroom $153.06 46 $7,040.76
2 bedroom $1,211.77 49 $59,376.73
3 bedroom $2,066.38 66 $136,381.08
Single-Family
(3 bedroom)
$2,066.38 6 $12,398.28
Total 167 $215,196.85
Transportation/Air Quality Impact Fee
Pursuant to Chapter 26.610, the project shall pay a Transportation Demand Management/Air
Quality Impact Fee based on the formula below:
Unit Size Units Bedrooms Per Bedroom Fee Total Fee
1-Bedroom 46 46 $498 $22,908
2-Bedroom 49 98 $498 $48,804
3-Bedroom 66 198 $498 $98,604
Single-Family 6 18 $498 $8,964
(3 bedroom)
Total 167 360 $179,280
Phasing and Fees
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Development of the project in a phased format shall require payment of a portion of the above fees
based on the number and type of units within that phase and using the above calculation
methodology and payment schedule. Amendments to the project shall include an adjustment to
these fees according to the above calculation methodology and fee schedule.
Section 13: Construction Management Plan Requirements
A construction management plan must be submitted in conjunction with the Access
Infrastructure permit for any and each phase of the project. If the project is bifurcated into
phases, a CMP for each phase will be required. The plan must include a planned sequence of
construction, staging areas, parking areas, truck traffic routes, fire and emergency access routes,
and mitigation measures for noise, dust, noxious weeds, erosion, and sediment.
The CMP shall include operational practices that minimize construction impacts to the residents of
Phase One. Prior to initiating work, each owner within Phase One shall be provided with basic
information and schedules for the construction along with contact information for the on- site
project superintendant. Staff recommends this be done through a project web site that can be
updated as information changes and that allows residents to submit complaints directly to the site
superintendant.
The project superintendant is expected to address neighborhood construction impact issues in a
reasonable and timely way without requiring involvement by the City’s Construction Mitigation
Officer. The City may require work stoppage on certain holidays or other high-activity days,
which shall be identified in the CMP to the extent practicable.
Section 14: Requirements for Issuance of Certificates of Occupancy
In addition to the standard practices for issuance of a Certificate of Occupancy, the following
conditions must be met:
a. Prior to issuance of the first Certificate of Occupancy within Phase Two, all
improvements and obligations of the “density agreement” shall be met and accepted by
the Phase One Homeowners Association.
b. Completion of the improvements to Paepcke Drive and associated sidewalks, curbing,
and drainage to a level considered safe for public use, including emergency access and
accessible (ADA) routes, by the City Engineer and the Chief Building Official for all areas
to be accessible around the subject building to be issued a Certificate of
Occupancy. Remaining improvements, such as a final pavement overlay, striping, final
sign installation and the like, may be accomplished later as long as the residents of the
subject building and the general public will be safe and be provided with reasonable access.
c. The final application represented that the development in Phase Two will meet specific energy
performance according to the Building America program. Prior to issuance of a Certificate
of Occupancy for buildings or units within Phase Two, sufficient evidence as may be
acceptable to the Chief Building Official demonstrating the project has been constructed to
this higher standard of environmental performance shall be presented and accepted.
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d. Certificates of Occupancy or Conditional Certificates of Occupancy for individual units
within a building shall not be issued until all units within the particular building have
been issued a final inspection and all units within that building are eligible for such
Certificate of Occupancy or Conditional Certificate of Occupancy.
e. Conditional Certificates of Occupancy may be issued subject to current (at the time of
CCO request) Building Department policy, which may include additional administrative
fees and escrow funds, bonding, or mechanisms to guarantee the installation of remaining
improvements.
f. Final inspection shall not be issued for individual carports and shall be done on a
complete building basis.
Section 15: Environmental Health Department
Code requirements to be aware of when filing a building permit include: a prohibition on engine
idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs.
The applicant should consider the size and layout of the recycling areas to accommodate cardboard,
comingled containers, newspaper and magazines, and office paper. A large container may be
necessary for cardboard alone. The applicant should consider a location for grass clippings,
possibly in the proposed wildlife-proof enclosures. The applicant should consider used of
stamped storm drains or drain markers indicating that the grate drains to the river, so should
not be used for dumping liquids.
Section 16: Environmental Initiatives
The applicant is encouraged to design landscaping and irrigation to maximize water conservation
will also help conserve energy and reduce GHG emissions. Water treatment pumps and other
machinery tend to consume vast amounts of energy.
The applicant is encouraged to design units to enable future retrofit of solar hot water or
photovoltaic. Also encouraged are green roofs, real-time home energy monitors, tankless hot water
heaters, and double-paned windows (if not already planned for). The applicant is encouraged to
install general purpose (110 volt) outlets in all Phase Two carports, enabling charging of
neighborhood electric vehicles. The applicant should consider options for converting gas/electric
systems and appliances to all-electric possible and with minimal retrofitting. The applicant should
consider LED lighting.
Section 17: Water Department
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility
placement and design shall meet adopted City of Aspen standards.
The utility investment charges (water tap fees) for the residential development have been waived
by the City of Aspen Director of Utilities. (Reference May 9, 2011, letter in application.) Utility
invest charges for irrigation or other landscape purposes are not waived. The applicant is
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encouraged to use alternate water sources including reclaimed water or water from the Willow-
Herrick ditch for irrigation.
Section 18: Sanitation District Requirements
Service is contingent upon compliance with the District’s rules, regulations, and specifications,
which are on file at the District office. Since an upgraded main sanitary sewer line will be
required to serve this new development, a “Line Extension Request” and a “Collection System
Agreement” will be required, both of which are ACSD Board of Director’s action items.
Generally one tap is allowed for each building. Shared service line agreements may be required
where more than one unit is served by a single service line.
The Applicant’s engineer must provide the district an estimate of anticipated daily average and
peak flows from the project.
If the expected flows exceed the planned reserve capacity of the existing collection system or
treatment system, an additional proportionate fee will be assessed to eliminate the downstream
collection system constraint, the treatment capacity constraint, or both constraints. Additional
proportionate fees would be collected over time from all development in the area of concern in
order to fund the improvements needed.
If the expected flows exceed the existing capacity of the current collection system or treatment
facility, the development will be assessed fees to cover the costs of replacing the entire portion of
the system that would be overwhelmed. In this case, the District will fund the costs of constructing
reserve capacity in the area of concern (only for the material cost difference for a larger line). The
District will not approve a recapture provisions.
The final design must provide enough room for all utilities in the extended Forge Road to
accommodate the main sanitary sewer line installation according to ACSD specifications. ACSD
will administer and construct the proposed new main sanitary line in Forge Road and various
areas throughout the Burlingame Ranch Phase II site totaling some 1780 lineal feet.
On-site sanitary sewer utility plans require approval by ACSD. The applicant must deposit funds
with the District for construction costs, engineering fees, construction observation fees, and fees to
clean and televise the new main sewer line extension into the project.
On-site drainage and landscaping plans require approval by the district, and must accommodate
ACSD service requirements and comply with rules, regulations and specifications. Easements for
the main sanitary sewer line as well as access easements, dedicated to the District, are required.
Easements have been detailed to comply with ACSD requirements at 10 feet either side of the pipe
centerline. Permanent improvements are prohibited in areas covered by sewer easements or right
of ways to the lot line of each development.
Below grade development will require installation of a pumping system. Plumbing plans for the
pool and spa areas require approval of the drain size by the district. Glycol snowmelt and heating
systems must have containment provisions and must preclude discharge to the public sanitary sewer
system.
The applicant must submit a stormwater management plan to the District for approval. All clear
water connections are prohibited (roof, foundation, perimeter, patio drains) including trench
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drains for the entrances to garages. Oil and Sand separators are required for vehicle parking garages
and vehicle maintenance facilities. While not included in current plans, any future elevator drains
must also be plumbed to the Oil and Sand interceptor. Plans for interceptors, separators and
containment facilities require submittal by the applicant and approval prior to a building permit
application.
The district will be able to respond with more specific comments and requirements once detailed
building and utility plans are available. The applicant must submit a phasing plan to the District.
The applicant must pay 40% of the estimated tap fees for the anticipated building stubouts. All
ACSD total connection fees must be paid prior to the issuance of a building permit.
Amendments to the above requirements agreed to in writing by the Applicant and the Aspen
Consolidated Sanitation District shall supersede the sanitation requirements listed herein.
Section 19: Condominiumization Approved
Condominiumization of units, including the parking spaces, to define separate ownership
interests within a Lot or Tract of the Burlingame Ranch Affordable Housing Phase Two
Subdivision/PUD is hereby approved by the City of Aspen, subject to recordation of a
condominiumization plat in compliance with the current (at the time of condo plat submission) plat
requirements of the City’s Community Development Department.
Section 20: Requirements for Filing a Condominium Plat and Unit Transfers.
In addition to the standard practices for filing a condo plat, the following conditions must be met:
a. Condominium plats shall be accomplished on a per-building or multiple building basis.
b. Surface and carport parking spaces to be owned and managed by the Homeowners
Association shall be defined and described on the condo plat. These can be grouped and do
not need to be individually surveyed.
c. The condo plat and declaration shall prohibit sale of surface or carport parking spaces
associated with a residential unit separate from sale of that residential unit.
d. Approval and filing of a deed restrictions for the affordable housing units located in the
building(s). Filing may occur simultaneous with recording the condo plat.
e. Transfer of units shall occur after filing of a condo plat describing the real estate being
transferred and after receipt of a Certificate of Occupancy or Conditional Certificate of
Occupancy has been issued for the particular unit.
Section 21: Amendments
Amendments to change the unit layouts, changes to the mix of unit types, changes to the Categories
mix of units, insubstantial changes to the building locations or configurations, changes to the
location of carports, surface parking, or common amenities, insubstantial changes to the proposed
architectural detailing or roof profiles, insubstantial changes to the transportation/mobility plan,
and other changes which do not materially change the nature of the development may be approved
by the Community Development Director as an insubstantial amendment.
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The development of elevators within multi-family buildings in order to provide enhanced
accessibility may be approved by the Community Development Director as an insubstantial
amendment. Lot line adjustments with neighboring properties to regularize boundaries or
provide additional park space may be approved by the Community Development Director as an
insubstantial amendment.
The development of additional community garden(s) within common area may be approved by
the Community Development Director as an insubstantial amendment. If this is within a public
park, approval from the Parks Department shall also be required. A greenhouse of up to 750 square
feet may be developed with approval from the Community Development Director, approval from
the Homeowners Association, and approval from owners of residential units within 50 feet of
the greenhouse. If the greenhouse is within a public park, approval from the Parks Department shall
also be required.
Changes to the number of residences, the deletion of common amenities, change by more than
1% to approved parking, substantial changes to the transportation/mobility plan, changes to items
described in the “density agreement,” and other changes which represent a material change to the
uses, intensity, character, or nature of the development shall be reviewed for approval by City
Council. Form of the review shall be by resolution at a public hearing unless the change places
an additional burden on the land, which shall be by Ordinance.
Applicant Response: The requests as follows are consistent with the projects in the original
approval as spelled out in this Ordinance No. 22, Series of 2011.
• Items A, B & C – Revisions to Grading/Landscape Walls – are being
considered following focused Civil Design and conversations with the
Engineering Department in early February 2020. Controlling slopes and
creative grading have always been a design challenge and tool at
Burlingame Phase II. Throughout Phase II, many of the steep grades have
been mitigated by the use of boulder retaining walls. This means of control
was due to the large number of boulders found in the grading and the
excavation of foundations throughout Phase II. As the bulk of the major
grading at Phase II has been completed, it is anticipated that there will now
be a lack of onsite boulders. Due to this, the team is looking to use
traditional 2:1 grading and potentially engineered walls in some locations.
• Items D, E & F – Architectural Modifications. Revised Water Entry Room
Locations, Architectural Privacy Screens & Revised Detailing at Decks and
Railings – In mid-October 2019, the Design Team and City Staff met with
the Community Development Department to discuss potential architectural
amendments. Following the conversation, we have refined and further
studied these instances. In addition, we discussed items D & E with the City
Council in a December 2019 Work Session. The items cited and proposed
are in response to increased technical Study on the function of building
systems, levels of privacy as cited in Public Outreach as well as study of the
Phase II construction detailing. The intent is to propose an evolved and
educated product.
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Based on the above-mentioned proposed modifications, the applicant requests review as an
Insubstantial Amendment as defined in this section and Sec. 26.445.110.(a) Insubstantial
Amendments
Section 21: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan vested
for a period of ten (10) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within one
year of the effective date of the development order shall also result in the forfeiture of said
vested property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site-specific development
plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice
advising the general public of the approval of a site specific development plan and creation of a
vested property right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development plan,
and the creation of a vested property right, valid for a period of ten (10) years, pursuant to the Land
Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to
the following described property: Phase Two Burlingame Ranch Affordable Housing
Subdivision/PUD located on Tracts A, B, and C of Burlingame Ranch Filing 1, and Block 1, Lots
6 and 7 of Burlingame Ranch Filing 1.
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Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the
date of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 22:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department or the Aspen City Council are hereby
incorporated in such plan development approvals and the same shall be complied with as if fully
set forth herein, unless amended by other specific conditions.
Section 23:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 24:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 25:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 26:
A public hearing on the Ordinance was held on the 2nd day of August, 2011, at 5:00 in the
Burlingame Commons Room, 100 Mining Stock Parkway Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen. A continued public hearing on the Ordinance was held on the 23rd day
of August, 2011, at 5:00 in the City Council Chambers, City hall, 130 South Galena Street, Aspen
Colorado.
Section 27:
This ordinance shall become effective thirty (30) days following final adoption.
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Ordinance No. 22, Series 2011
Page 22 of 22
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25th day of July 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 23rd day of August, 2011.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
John Worcester, City Attorney
Exhibit A – Illustrative Site Plan & Program summary
Exhibit B – Map of proposed subdivision
Exhibit C – Height measurement methodology
Exhibit D – Irrigation Water Source Design
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Ordinance No. 22, Series 2011
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h
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 251 day of July 2011.
Attest:
FINALLY, adopted, passed and approved this 23'd day of August, 2011.
Attest:
Approved as to form:
Exhibit A- Illustrative Site Plan & Program summary
Exhibit B - Map of proposed subdivision
Exhibit C- Height measurement methodology
Exhibit D- Irrigation Water Source Des
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