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HomeMy WebLinkAboutNOA_Burlingame Phase III_Insubstantial PD AmendmentNOTICE 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. 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 4. 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.