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Home My WebLink About01_INTRODUCTION1.1Introduction introduction section 1 1.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Ecology Alan T. Carpenter, Ph.D. Land Stewardship Consulting, Inc. 2941 20th. Street Boulder CO 80304 303.443.8094 FAX 303.449.9514 email alanc@landstewardshipconsulting.com Surveying Mark Beckler Sopris Engineering 502 Main Street, Suite A3 Carbondale CO 81623 970.704.0311 FAX 970.704.0313 email mbeckler@sopriseng.com Landscape Architecture Julia Marshall Mt. Daly Enterprises, LLC 100 North Third St. Suite 102 Carbondale CO 81623 970.963.9896 FAX 970.963.5775 email mtdaly@sopris.net Civil & Soils Engineering Tom Griepentrog P.E. Buckhorn Geotech 222 South Park Ave. Montrose CO 81401 970.249.6828 FAX 970.249.0945 email tom@buckhorngeo.com Hydrology Scott Fifer Resource Engineering 909 Colorado Ave. Glenwood Springs CO 81601 970.945.6777 FAX 970.945.1137 email sfifer@resource-eng.com Green Construction David Adamson EcoBuild P.O. Box 4655 Boulder CO 80306 303.545.6255 FAX 303.545.2192 email david@eco-build.com Owner Bar/X Ranch LLC c/o 201 N. Mill Street Suite 203 Aspen CO 81611 Legal Counsel Herbert S. Klein, Esq. Herbert S. Klein & Associates, P.C. 201 N. Mill St. Suite 203 Aspen CO 81611 970.925.8700 FAX 970.925.3977 email hsklein@rof.net J. Bart Johnson, Esq. Otten Robinson Johnson Neff and Ragonetti, P.C. 112 N. 1st. St., Suite C Aspen CO 81611 970.544.4637 FAX 970.544.4632 email bart@ojrnr.com Water Counsel Ramsey Kropf Patrick Miller & Kropf 730 E. Durant St. Suite 200 Aspen CO 81611 970.920.1028 FAX 970.925.6847 email klp@waterlaw.com Land Planning John Lifton 216 West Colorado Ave. P.O. Box 997 Telluride CO 81435 970.728.5353 FAX 970.728.4919 email lifton@infozone.org 1.3Introduction This project is unlike any other submitted to the City of Aspen. It annexes an area as large as Aspen’s historic core. It was the first large project to be routed through the COWOP process. It will result in an active cattle ranch operating within the city limits. And it is based in a public-private joint venture intended to generate greater public benefit in community housing generation and open space preservation than the straightforward application of the Aspen Land Use Code would allow. This subdivision is also very different in style from the Aspen area norm. Instead of a pompous gated entrance, there is an historic style ranch sign and cattle grid. Instead of asphalt and concrete, the existing graveled road will remain (but improved). Instead of stressing the subdivision name to identify the project, our lots will just have addresses on Stage Road, like any downtown street. Our goal is create a development which is low-key and unpretentious, and that will settle into the landscape with minimum impacts, retaining, as much as possible, the quiet rural atmosphere that presently exists. It is many years since the project’s inception, and we are currently dealing with our fourth City Council, each of which has brought a different set of concerns to the approval process. We have tried through these changes, and I believe succeeded, to remain constant partners and to adhere to our original vision. In fact, the project has changed remarkably little since we first put it forward, and this has confirmed our belief that, given time, our focus on generating a large contribution to two of the most important goals of the Aspen Area Community Plan – affordable housing and open space protection – would be recognized by the citizens and elected officials of Aspen. This document constitutes the Final Development submission for the Free Market Component according to section 2 of Aspen City Council Resolution 120 (Series of 2000) and the standards defined in that section. The COWOP process Per section 26.500 of the City of Aspen Land Use Code (“LUC”) - “Development Reasonably Necessary for the Convenience and Welfare of the Public” - applications which are processed under this section (commonly known as the “COWOP process”) may be exempted from portions of the LUC. Such applications, per LUC 26.500.030, are reviewed according to the sections of the LUC specifically incorporated in an ordinance granting final approval of a development order for the project. Contract Agreements Many elements of this project that would normally be subject to approval by processes defined in the LUC, have, in this case, been defined contractually by the Preannexation Agreement between City of Aspen and Bar/X Ranch LLC, which is included in its entirety for reference in Section 29 of this document. In addition, shortly before the completion of this submission, another contract agreement was made between The City of Aspen; the Paul E. and Virginia I. Soldner Family Limited Partnership, LLLP; and Bar/X Ranch LLC, resolving a group of problems relating to the mutual property boundaries of the parties and the location of the the access road to the Burlingame Affordable Housing Development. This agreement is included in its entirety for refer- ence in Section 30 of this document. Public and Free Market Components The Pre-annexation Agreement created a public-private partnership between the City of Aspen and Bar/X Ranch LLC for the coordinated development of the Burlingame Ranch and the Bar/X Ranch (pronounced “bar slash eks”). It also defined separate and joint areas of ownership and responsibility for the lands and tasks involved. The most basic of these defined divisions is between: • The Affordable Housing Component This includes most of the City’s Burlingame Ranch property and 21.5 acres of Bar/X Ranch, and will include the entire Burlingame Village affordable housing development. Other than as defined in the Pre-annexation Agreement, the City is responsible for the Affordable Housing Component; and, • The Free Market Component The Free Market Component is now renamed The Stage Road Planned Unit Development/ Subdivision. Included is the remainder of the Bar/X Introduction 1.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Ranch, all the free market housing development, the ranch operation and Fathering Parcel (Lot F), and the Cultural Use Area (Lot C). Other than as defined in the Pre-annexation Agreement, Bar/X Ranch LLC is responsible for the Free Market Component. Approvals Received The Program Description (defined by section 2 of Resolution 120 as “# of units, density, housing types, and qualitative features of the development project”) was largely determined for the Free Market Component in the pre-annexation agreement. For the Affordable Housing Component, however, the majority of the work of the COWOP Task Force up to the present has been the creation of a suitable Program Description. During this period, Bar/X Ranch LLC has refined the design of the Free Market Component, which now includes a detailed site plan and engineering, architectural and landscaping designs, as well as other items included in this document. At the COWOP Task Force design charette on March 13, 2003, Bar/X Ranch LLC presented this revised Free Market Component plan to the Task Force and requested that the Task Force approve the submission of these materials to City Council for approval of this Program Description in conjunc- tion with the submission of the Program Description for the Affordable Housing Component. This was unanimously endorsed by the Task Force. LUC Standards The standards specified in Resolution 120 are: • Section 26.445.050 Planned Unit Development • Section 26.440.050 Specially Planned Area • Section 26.425.040 Conditional Uses • Section 26.435 Development in Environmentally Sensitive Areas Compiling the information for this document has not been possible, however, without reference to many other sections of the Land Use Code. Plansheets and engineering design For convenience, with the agreement of the Aspen Community Development Department, plansheets, plat sheets and engineering drawings are included here as 11” by 17” foldout sheets. For most purposes they are completely readable at this size, and having them placed in their context is helpful to the reader. We have, however, also submitted a limited number of sets of these sheets at 24” by 36”, which are available on request. Additional sets can be supplied on request. Structure of the document The submission is divided into 30 sections by subject matter, and page numbers for each section are independent. Following City staff and agency review the materials herein have been updated and a CD-ROM has been added as Section 31, containing the entire submission in Acrobat .pdf format. John Lifton September12, 2004 1.5Introduction Easy Identification of Original and Reprinted Materials Declaration of Architectural Restrictions for Stage Road 1 Planned Unit Development/Subdivision Declaration of Architectural Restrictions for Stage Road Planned Unit Development/Subdivision THIS DECLARATION OF ARCHITECTURAL RESTRICTIONS FOR STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION is made as of the ____ day of ____________, 200__, by BAR/X RANCH LLC, a Colorado limited liability company. 1 Recitals 1.1 Property. Declarant is the owner in fee simple of the Property. 1.2 General Purpose. Declarant desires to subject the Property to the covenants, conditions and restrictions set forth in this Declaration to establish architectural and design standards governing development of the Property and provide a means to enforce such standards. 1.3 CCIOA Exemption. Pursuant to the limitations contained in Section 8.2.3, the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101 et seq., does not and shall not apply to this Declaration or the Association. 2 Declaration Declarant hereby declares that the Property shall be owned, conveyed, encumbered, leased, improved, used, occupied and enjoyed subject to this Declaration. This Declaration shall: (i) run with the Property at law; (ii) bind all persons and entities having or acquiring any interest in the Property or any part thereof; (iii) inure to the benefit of and be binding upon every part of the Property and every interest therein; and (iv) inure to the benefit of, be binding upon, and be enforceable by Declarant and the Association. Notwithstanding the fact that as of the date of this Declaration, Declarant is the owner of all of the Property, Declarant does not intend for such ownership to result in, and such ownership shall not result in, the merger and/or termination of any of the covenants, conditions or restrictions created by this Declaration. 3 Definitions 3.1 Defined Terms. The following terms shall have the meanings given below: ACC: Is defined in Section 5.1. ACC Member: Is defined in Section 5.1. Allocation Percentage: For each Lot, a percentage derived from a fraction, the numerator of which is the number of votes allocated to the Lot pursuant to Section 4.3 and the denominator of which is the total number of votes allocated to all of the Lots within the Property pursuant to Section 4.3 . Application: Is defined in Section 6.1. Articles: The Articles of Incorporation of the Association, as the same may be amended from time to time. Declaration of Architectural Restrictions for Stage Road 1 Planned Unit Development/Subdivision Declaration of Architectural Restrictions for Stage Road Planned Unit Development/Subdivision THIS DECLARATION OF ARCHITECTURAL RESTRICTIONS FOR STAGE ROAD PLANNED UNIT DEVELOPMENT/SUBDIVISION is made as of the ____ day of ____________, 200__, by BAR/X RANCH LLC, a Colorado limited liability company. 1 Recitals 1.1 Property. Declarant is the owner in fee simple of the Property. 1.2 General Purpose. Declarant desires to subject the Property to the covenants, conditions and restrictions set forth in this Declaration to establish architectural and design standards governing development of the Property and provide a means to enforce such standards. 1.3 CCIOA Exemption. Pursuant to the limitations contained in Section 8.2.3, the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101 et seq., does not and shall not apply to this Declaration or the Association. 2 Declaration Declarant hereby declares that the Property shall be owned, conveyed, encumbered, leased, improved, used, occupied and enjoyed subject to this Declaration. This Declaration shall: (i) run with the Property at law; (ii) bind all persons and entities having or acquiring any interest in the Property or any part thereof; (iii) inure to the benefit of and be binding upon every part of the Property and every interest therein; and (iv) inure to the benefit of, be binding upon, and be enforceable by Declarant and the Association. Notwithstanding the fact that as of the date of this Declaration, Declarant is the owner of all of the Property, Declarant does not intend for such ownership to result in, and such ownership shall not result in, the merger and/or termination of any of the covenants, conditions or restrictions created by this Declaration. 3 Definitions 3.1 Defined Terms. The following terms shall have the meanings given below: ACC: Is defined in Section 5.1. ACC Member: Is defined in Section 5.1. Allocation Percentage: For each Lot, a percentage derived from a fraction, the numerator of which is the number of votes allocated to the Lot pursuant to Section 4.3 and the denominator of which is the total number of votes allocated to all of the Lots within the Property pursuant to Section 4.3 . Application: Is defined in Section 6.1. Articles: The Articles of Incorporation of the Association, as the same may be amended from time to time. Original material which is directly part of this submission. A self-contained document (either written for this submission or provided for reference) can be identified by the thin frame line within which it is reproduced. 7.13Declaration of Architectural Restrictions 7.13Declaration of Architectural Restrictions 1.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission This page intentionally left blank