HomeMy WebLinkAboutNOA_Burlingame Phase III_Insubstantial PD Amendment_Updated 3.15.21 w exhibitsNOTICE 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 Dousing Planned Development
SITE OF APPROVAL: (PD) and Subdivision
Lot 3 & 4, Park C, Tract I & 3,
50-225 Paepcke Drive
Aspen, CO 81611
Zoning: Affordable Housing, Planned Development (A1I/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 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,
• The relocation of the water entry room for buildings 8, 9, 10, 11, 12, 13, and 14, and
• Correction in maximum allowable floor area for buildings 9, 12, and 13.
The 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 finds 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 during building permit
review.
No changes to height are proposed. All amendments will be required to comply with the required
height and floor area dimensional limitations of the PD, including amendments in this approval.
During the review and approval of Ordinance No. 22, Series of 2011 finished grade was used to
calculate floor area for buildings 9, 12, and 13. However, the analysis of pre -development grade
and finished grade, and its relationship to subgrade wall exposure, was not fully or accurately
understood at that time. As the permit documents were refined, it was identified that natural grade
was the appropriate grade to use in the calculations. The heights, relationship to grade, and size of
the building's (9,12, and 13) are consistent with the representations made during the original
approval. The only change is the grade used to calculate subgrade wall exposure. Due to this
change the floor area for these three buildings does not fully align with the allowances provided
in Ordinance No. 22, Series of 2011. Staff finds an amendment to the maximum allowable floor
area meets the review criteria for an Insubstantial PD amendment because the change is technical
in nature, does not change the use, is consistent with representations made during the original
approval, and are insubstantial in nature.
The table below outlines the maximum allowable established in Ordinance No 22, Series of 2011
and the amended maximum allowable floor area established in this amendment.
9
Building 12
Building 13
Previous Maximum
Allowable Floor Area
(Ord. 22, Series of 2011)
12.130 su. ft.
15,670 sq. ft.
12,130 sq. ft.
Approved (Current)
Maximum Allowable Floor
Area
13,200 sq. ft.
15,770 sq. ft.
12,300 sq. ft.
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
four feet 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.
Phillip Supino 3/9/21
Phillip Supino,
Community Development Director
C TED TO:
Chris verson, Project Manager
City of Aspen Asset Department (Applicant)
Attachments:
Exhibit A — Legal Description (Recorded)
Exhibit B — Approved Plans (Recorded)
Exhibit C — Setback Exhibit (Recorded)
Date
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 BURIINGAME RANCH 11
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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