HomeMy WebLinkAboutNOA_Burlingame Phase III_Insubstantial PD Amendment_Final1NOTICE OF APPROVAL
FOR AN INSUBSTANTIAL PLANNED DEVELOPMENT AMENDMENT FOR THE
PROPERTY COMMONLY KNOWN AS PHASE III (OR PHASE IIB), BURLINGAME
RANCH AFFORDABLE HOUSING SUBDIVISION/PUD, CITY OF ASPEN, COUNTY
OF PITKIN, STATE OF COLORADO. LEGAL DESCRIPTION ATTACHED AS
EXHIBIT A.
Parcel ID Nos:
2735-023-18-001
2735-023-18-003
2735-023-18-006
2735-023-18-007
2735-023-18-803
APPLICANT & Chris Everson, Project Manager
REPRESENTATIVE: City of Aspen, Asset Department
130 S. Galena St.,
Aspen, CO 81611
SUBJECT & Burlingame Ranch Affordable Housing Planned Development
SITE OF APPROVAL: (PD) and Subdivision
Lot 3 & 4, Park C, Tract 1 & 3,
50-225 Paepcke Drive
Aspen, CO 81611
Zoning: Affordable Housing, Planned Development (AH/PD)
BACKGROUND AND SUMMARY:
The Burlingame Ranch Planned Development and Subdivision was approved via Ordinance No.
120, Series of 2004 and Ordinance No 24, Series of 2005. Amendments to the Planned
Development and Subdivisions were granted via Ordinance No. 55, Series of 2005; Ordinance No.
30, Series of 2006; Ordinance No. 22, Series of 2011; and various administrative Insubstantial
Amendments. Ordinance No. 22, Series of 2011 granted Final Approval for Phase II and Phase III
of the Burlingame Ranch Affordable Housing Subdivision and PD.
Approval was granted for a three-phase residential affordable housing development, including
Phase I, Phase II-A and Phase II-B. In various approval documents, agreements, correspondence,
and throughout the history of the project, Phase II-B and Phase III are used interchangeably. For
the purposes of this Amendment Phase III will be used.
Ordinance No. 22, Series of 2011 granted Final Approval for Phase II and Phase III. Phase I and
Phase II have since been completed and an Insubstantial Planned Development Amendment is
requested to refine and amend the design of Phase III prior to submission of a Building Permit.
The Applicant conducted community outreach with the existing residents and property
management of Phase I and Phase II. As a result of that outreach, and conversations with the City
of Aspen Parks and Engineering Departments, the Applicant seeks improvements to the approved
design to further refine the project to address community feedback.
The requested Insubstantial Planned Development is requested for the following revisions:
• Revisions to Park 3 grading,
• Revisions to the grading at carports P8, P9, P12, and P13,
• Alternate landscape walls,
• Minor architectural design refinements,
• The addition of architectural privacy screens, and
• The relocation of the water entry room for buildings 8, 9, 10, 11, 12, 13, and 14.
The requested Burlingame Affordable House Subdivision and PD Phase III revisions are illustrated
in Exhibit B.
STAFF EVALUATION:
Land Use Code Section 26.445.110.A regulates Insubstantial Amendments to an approved Planned
Development as authorized by the Community Development Director. The Director finds that the
proposed amendments to Phase III of the Burlingame Ranch Affordable Housing Subdivision and
PD, as listed above and illustrated in Exhibit B, is consistent with the representations made in the
project's original approval, does not change the use or character of the development, are technical
changes that are a result of further refinement of the project, and satisfy the review criteria for an
Insubstantial PD Amendment.
The retaining walls that fall within the approved setbacks that exceed 30” in height are identified
in Exhibit C. Ordinance No 22, Series of 2011 specified retaining walls may project into the
setback. Given the explicit discussion of the retaining walls, Staff’s position is adequate retainage
was required and it was understood that may require certain walls to exceed the 30” height
limitation. If additional walls are required that exceed 30” in height as the project moves through
the design phase and toward building permit issuance, those walls may be approved by the zoning
officer during building permit review.
No changes to height or floor area are proposed. All amendments will be required to comply with
the required height and floor area dimensional limitations of the PD. The addition of the water
entry rooms will be required to comply with maximum allowable floor area for each building.
Minor revisions to permitted setbacks projections are approved in this Insubstantial Planned
Development amendment to allow for the water entry room on Building 8 to be located in a
setback. The approved design, as depicted in Exhibit C, shows the water entry room projecting 4’
into the setback. The water entry rooms were originally located in the interior of each building
above living space. Previous phases have experienced operational difficulties and water damage
as a result of that location. The applicant has revised the design to locate the water entry room as
an appended building element for each building. The Land Use Code allows for utilities to be
located within a setback; however, the structure that encloses the utility service is not explicitly
allowed.
Staff finds the utility service connection and associated enclosure to be consistent with the type of
development allowed in a setback in the land use code. This amendment meets the review criteria
for an Insubstantial PD Amendment, as the request is a result of a design issues that could not have
been foreseen during project review approval, responds to a technical design issue, and is minor
in nature. Ordinance No. 22, Series of 2011 also includes language allowing the Community
Development Director authority for amendments to insubstantial changes to building locations and
configurations. The proposed water entry room within a setback is illustrated in Exhibit C.
Exhibit C shows roof overhangs within a setback. The land use code allows roof overhangs to
project up to 18”into the setback. If a roof overhang exceeds the 18” allowance, that shall be
documented through an Insubstantial PD Amendment.
The City of Aspen Engineering and Parks Department were referral agencies for the application
and reviewed the proposed amendments. No issues were identified with the revised designs. A
condition of approval is included that requires compliance with all applicable Parks and
Engineering requirements prior to building permit issuance. Given the nature of the requested
amendments, Planning Staff relied heavily on input and feedback from these agencies as many of
the changes impact areas within each agency’s purview.
The proposed privacy screens are architectural elements that have been found to be consistent with
the approved PD materiality, are a design refinement that improves livability, has minimal impact
on the perceived massing, and does not impact any dimensional limitation for the project. The
architectural elements do not extend beyond the roof overhang or footprint of the stairs, they are
considered walls and are not subject to requirements for a fence.
The architectural revisions requested are consistent with the existing development and approved
Final Approval design. The proposed alterations are consistent with refinements expected as a
project moves toward the final design documents.
No alterations to height or floor area, as established in Ordinance No. 22, Series of 2011, were
requested or approved. All development is subject to the dimensional requirements, except for the
setback amendments explicitly stated in this amendment, established via Ordinance No. 22, Series
of 2011 (see exhibit D). Compliance with all dimensional requirements shall be calculated and
confirmed prior to building permit issuance.
DECISION:
The Community Development Director finds the administrative application for an
Insubstantial Planned Development Amendment, as noted above, to be consistent with the
applicable review criteria and thereby, APPROVES the request, subject to the following
conditions:
1. All requirements of the previous approvals, including Ordinance No. 22, Series of 2011
must be met prior to building permit issuance.
2. Prior to building permit issuance, the application must show compliance with all applicable
requirements of the City Municipal Code, including compliance Title 21 – Engineering
Requirements and all applicable Parks Department Requirements.
3. An amended plat, Consistent with Chapter 26.490.040.a, shall be submitted to the
Community Development Department with 180 days of the issuance of a Development
Order. The Applicant must request a Pre-Application summary to identify specific items
to be submitted within the amended plat.
4. All activity within existing easements must comply with all applicable terms and
conditions. Any amendments to existing easements must be formally documented in an
Amended Plat
5. The project must show compliance with all conditions and requirements, including but not
limited those conditions and requirements, but exempting those changes identified in this
approval, in:
a. City Council Ordinance No. 22, Series of 2011,
b. City Council Ordinance No. 30, Series of 2006,
c. City Council Ordinance No. 55, Series of 2005,
d. City Council Ordinance No. 120, Series of 2004,
e. City Council Resolution No. 120, Series of 2000,
f. City Council, Ordinance No. 24, Series of 2005.
APPROVED BY:
__________________________________ ________________________
Phillip Supino, Date
Community Development Director
CONSENTED TO:
__________________________________ ________________________
Chris Everson, Project Manager Date
City of Aspen Asset Department (Applicant)
Attachments:
Exhibit A – Legal Description (Recorded)
Exhibit B – Approved Plans (Recorded)
Exhibit C – Setback Exhibit (Recorded)
Exhibit D – Insubstantial PD Amendment Review Criteria (Not Recorded)
Exhibit E – Resolution No. 22, Series of 2011 (Not Recorded)
Exhibit F – Application (Not Recorded)
Exhibit A:
Legal Description
Lot 3:
LOT 3, PHASE II, BURLINGAME RANCH AFFORDABLE HOUSING FILING NO. 1
FINAL SUBDIVISION PLAT – SECOND AMENDMENT, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE 69. COUNTY OF
PITKIN, STATE OF COLORADO.
Lot 4:
LOT 4, PHASE II, BURLINGAME RANCH AFFORDABLE HOUSING FILING NO. 1
FINAL SUBDIVISION PLAT – SECOND AMENDMENT, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE 69. COUNTY OF
PITKIN, STATE OF COLORADO.
Park C:
PARK C, PHASE II, BURLINGAME RANCH AFFORDABLE HOUSING FILING NO. 1
FINAL SUBDIVISION PLAT – SECOND AMENDMENT, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE 69. COUNTY OF
PITKIN, STATE OF COLORADO.
Tract 1:
TRACT 1, PHASE II, BURLINGAME RANCH AFFORDABLE HOUSING FILING NO. 1
FINAL SUBDIVISION PLAT – SECOND AMENDMENT, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE 69.
EXCEPTING THEREFROM DESCRIPTION AREA B, ACCORDING TO THE
CONDOMINIUM MAP OF
BURLINGAME RANCH II RECORDED JANUARY 8, 2014 IN PLAT BOOK 105 AT PAGE
62, UNDER RECEPTION NO. 607202.
ALSO EXCEPTING THEREFROM DESCRIPTION AREA E1, ACCORDING TO THE
FIRST SUPPLEMENT TO THE CONDOMINIUM MAP F BURLINGAME RANCH II
RECORDED FEBRUARY 23, 2015 IN PLAT BOOK 109 AT PAGE 48 AS RECEPTION NO.
617591. COUNTY OF PITKIN, STATE OF COLORADO.
Tract 3:
TRACT 3, PHASE II, BURLINGAME RANCH AFFORDABLE HOUSING FILING NO. 1
FINAL SUBDIVISION PLAT – SECOND AMENDMENT, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE 69. COUNTY OF
PITKIN, STATE OF COLORADO.
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