HomeMy WebLinkAbout28_DEVELOPMENT_REVIEW_COMMITTEE28.1Development Review Committee: review and applicant response
development review committee:
review and applicant response
section
28
28.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Contents
1 Memo containing minutes of DRC meeting of July 16, 2004 28.3
2 Memo containing applicant’s response of August 26, 2004 28.9
3 Memo from Environmental Health Department of September 1, 2004 28.19
4 Memo containing applicant’s response of September 7, 2004 28.21
28.3Development Review Committee: review and applicant response
MEMORANDUM
To: Development Review Committee
From: John Niewoehner, Community Development Engineer,
DRC Caseload Coordinator
Date: July 7, 2004
Re: DRC Minutes – Bar/X – Stage Road Subdivision/PUD
Attendees:
Pamela Zoline, Applicant
John Lifton, Applicant
Cindy Christiansen, Housing Authority
Joyce Allgaier, Community Development Department
Ed VanWalraven, Fire Department
Tom Bracewell, Aspen Consolidated Sanitation District
Jannette Whitcomb, Environmental Health
Richard Goulding, Engineering Department
Stephen Ellsperman, Parks Department
Brian Flynn, Parks Department
Dennis Murray, Building Department
John Niewoehner, Community Development Department
At the June 16, 2004 DRC meeting, the group discussed the Bar/X-Stage Road PUD/Subdivision
application. The project can be summarized as follows:
Brief Project Description: Located to the east of Burlingame Ranch, this project will require the
following actions: (i) the annexation of the parcel into the City; (ii) the subdivision of the land into:
12 single family lots, the existing ranch (fathering parcel) with four dwellings, a cultural center
parcel, and the Burlingame Village AH parcel; and (iii) the development of roads and
infrastructure to support the residential lots and cultural center.
The following summarizes the comments of the DRC committee members:
DRC COMMENTS
1.Engineering Department:
1.1 Road Easements vs. ROWs:
� ROWs vs. Easements: The City Engineer recommends that there be ROWs instead
of easements in case the roads ever revert to be public roads.
� Road Easement/ROW Width: The road ROWs (or easements) shown on the Final
PUD/Subdivision Plans must be wide enough to accommodate the trail, road,
drainage ditches, utilities, berms, culverts and fill/cut slopes.
1.2 Road Plan Views, Road Width and Cross Sections:
� Typical Road Cross Sections: On the detail sheet of the plans, the typical road cross
sections must give dimensions for road travel lanes and shoulders.
� Designs for All Roads: All roads that serve more than one dwelling or serve the
Cultural Center must have must be designed with profiles and cross sections.
� Trail: Trail should be shown on typical road section.
� Shoulders: The minimum shoulder width is 2 feet. No shoulders are shown on the
cross sections.
� Width of Driving Surface: (i) 26-foot Width: The City Engineer recommends that
Stage Road from STA 0+00 to STA 17+00 (the ranch buildings driveway) have a
width of 26 feet, including the shoulders. This width provides two 11-foot wide travel
28.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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DRC –Bar/X & Stage Rd Subdivision/PUD
lanes with 2-foot wide shoulders on each side. (ii) 24-foot Width: The remainder of
the roads that serve more than one house needs to have a width of 24 feet, including
the 2-foot wide shoulders on each side. (iii) Cultural Center: The revised plans for
the Cultural Center driveway will show that access from Harmony Road (Burlingame
Village AH). This roadway from Harmony Road to the Cultural Center must meet City
standards of being 30-feet wide (two 12-foot wide travel lanes and 3-foot shoulders).
� Guardrail Locations: Safety guardrails must be placed on fill slopes as required by
AASHTO or CDOT standards.
� Emergency Vehicle Access: (i) Driveways to individual houses longer than 150’ will
need to have a fire truck turnaround at the house. (fire truck turning radius = 50’) (ii)
Roads and driveways less than 20 feet wide and longer than 150 feet long must have
wide spots in the road to (‘pull outs’) to allow vehicles to pass. (iii) The cul-de-sac at
the end of all dead end roads will need to accommodate a fire truck turnaround.
� Vegetation on Cut and Fill Slopes: It is recognized that the Applicants wants limit
disturbance by having cut and fill slopes steeper than 3:1. Where cut and fill slopes
are greater than 3:1, irrigation systems will be required to maintain vegetative cover.
1.3 Required Van Service: The staff questioned the efficacy of a van service to serve this
type of development.
1.4 Cultural Center: It is understood that the City Council is not reviewing a design for the
Cultural Center as part of this submission and that the proposed layout of roadway and
buildings is for illustrative purposes only. However, the approval of the PUD must be
dependent on capability of the land fulfilling the proposed purpose of a future Cultural
Center.
The horseshoe shaped building is the Residential Teaching House. The set of two
buildings on the northeast end of the lot are referred as the Cultural Building.
� Cultural Center Access Road. The road is workable in the shown location but will
need to be wider and will require guardrails and a fire truck turnaround.
� Residential Teaching House Parking (the horse shoe bldg): Proposed structure
contains twelve 2-bedrooms apartments and an ADU. Using City guidelines of 0.7
space/bedroom of AH and 1 space/ADU, 19 parking spots would be needed. A
handicap parking spot is required and guest parking is highly recommended.
� Two Cultural Buildings: Although the building could serve many purposes, we can
assume that parking will be needed to serve the proposed 150-person auditorium.
Based on one vehicle per two seats, 75 parking spots will be required. Currently no
parking spots for the Cultural Buildings are shown. Due to the steep slopes, any
external parking spots may be impossible. The Applicant has suggested parking
spots under the building but such parking may result in a building costs beyond the
capability of any non-profit or donor.
� Summary of PUD Requirements for Proposed Cultural Center: (i) The limited space
for parking will limit the uses of this lot. (ii) These plans must show a potential
building footprint, roadway, fire truck turnaround and parking spots to demonstrate
the viability of the lot. (iii) At minimum, the PUD Agreement should define the
minimum and maximum floor area range, building height, setbacks/ building
envelope, required parking spots, and any other requirements deemed appropriate
by City Council and staff. The building footprints, grading, access road, fire truck
turnaround and parking spots need to be shown to illustrate that a Cultural Center, in
a form acceptable to both the Applicant and City Council, can be constructed on the
site. The Bar/X PUD should include the rezoning of the property now, but no
specific development approval. This conceptual plan should be included in the PUD
and should contain the note such as “The layout of proposed Cultural Center, as
shown on these plans, is to demonstrate the feasibility of the proposed use.
Applicant seeking to develop the Cultural Center will need submit to the City
an amended PUD application and go through the City’s PUD process.”
28.5Development Review Committee: review and applicant response
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July 7, 2004
DRC –Bar/X & Stage Rd Subdivision/PUD
Provisions in the HOA documents should prevent the future property owners from
obstructing the development of the Cultural Center.
1.5 Utility Plans: Utility plans, in accordance with the pre-annexation agreement, must be
submitted for review as part of the Subdivision/PUD submission.
1.6 Drainage Plans: Must be submitted for review as part of the Subdivision/PUD submittal.
1.7 Erosion Control Plans: Must be submitted for review as part of the Subdivision/PUD
submittal.
1.8 Site Plans for Individual Houses: The Subdivision/PUD Agreement must include a
provision that building permits applications need to include a grading, drainage and
erosion control plans that are prepared and stamped by a Colorado licensed
professional engineer.
1.9 Roadway Construction and Utility Installation: The PUD/Subdivision Agreement must
include the provision that prior to the construction of any roads or utilities, the Applicant
must apply for an Access/Infrastructure Building Permit. If the area disturbed by
construction is over one acre, Contractor will need to obtain a State Stormwater
Management Permit that describes the erosion control measures to be installed.
1.10 Road Upkeep:
� The Applicant must provide a MSDS (Material Safety Data Sheet) on the OYL
product. Specifically, the City want to ensure that OYL is salt free.
� A road and trail maintenance plan is needed as part of the PUD/Subdivision
Agreement. This plan must include a for dust control including the re-application of
the dust control chemicals.
2. Building Department
� Efficient Building Code: All Efficient Building Code calculations are based on the interior
floor area calculation.
� Soils: A new soils report will be required for each lot’s building permit application.
3.Fire Protection District:
� Hydrants and Water Lines: PUD plans must show the location of fire hydrants. Water
lines must be sized for fire flows and sprinkler systems.
� Fire Truck Turnaround: A fire truck turnaround is needed within 150 feet of each building.
� Pull Outs: Where roads or driveways are less than 20 feet wide, the road must be
designed with wide spots (pull-outs) to allow vehicles to pass.
� Sprinklers: All new construction will require fire sprinklers. The remodeling of the existing
ranch buildings will require the installation of sprinklers.
4.Parks Department:
4.1 Restoration/Protection
4.1.1 Multiple areas currently planned for landscaping (for example area D) will need
permanent irrigation. The applicant could revise the planting pallets designed for
a dry land type of ecotype and then incorporate a temporary irrigation system.
4.1.2 Disturbance (road cuts, drainage, utilities, development, etc.) will create an
immense weed management problem. Need to see a long-term project weed
management plan. Sign offs for weed management plan will be handled by the
Parks Department.
28.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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DRC –Bar/X & Stage Rd Subdivision/PUD
4.1.3 In the green landscaping it talks about soil being saved on site. How and where
will this soil be saved? The plans should detail an area, which currently is
disturbed in order to preserve a native area. Access roads to and from this
storage area will need a restoration plan and weed management plan.
4.1.4 The seeding regime needs to be reviewed, means of establishment, temporary
irrigation, method of mulching and tacifying, fertilizing, success rates expected
and seeding protocols. The landscape architect and the landscape contractor
need to be briefed about the complexities of what the City expects in terms of
success. The project manager needs to be aware of all of the special factors
involved in establishment of seeding.
4.1.5 The applicant shall provide a detailed plan for the restoration of all utility and road
cuts during all construction activities and lot development. The restoration plan
will need to be approved by the City, including the seed mix and erosion control.
4.1.6 Erosion control should be maintained adequately throughout the project and
detailed in the construction set.
4.1.7 The applicant shall detail in construction plans how the contractors or owners will
protect areas of significant mature vegetation. The current site plan does not
show any existing vegetation.
4.1.8 Area H located along the entrance road calls for Cottonwood plantings. These
plantings will require permanent irrigation to ensure survival.
4.2 Landscape
4.2.1 There are no standards for topsoil, a very critical component of both the cultural
landscaped areas and the native seed/restoration areas. A detailed plan for
topsoil should be considered: depths of 6 inch minimum, weed free topsoil, detail
on the organic content, compaction and method of dispersal.
4.2.2 Pinion Pine has difficulties at this elevation and is not recommended for this
project.
4.2.3 All cottonwood plantings and adjacent seeding areas for the entire project will
need temporary irrigation to ensure proper seed germination and proper survival
of xeric species. Temporary irrigation will be necessary only until the seeding
and plantings have establishment.
4.2.4 The proposal talks about using existing ditches to irrigate screening in many
locations. Does this mean active irrigation running through the ditch or run off.
The Parks Department would like to review the plant species planned for these
areas. Depending on the irrigation possibilities the species need to be matched
for the conditions.
4.2.5 Ponds: The design and function of the ponds is critical to decrease the amount of
maintenance and ensure proper wetland species are planted. Currently the
design and grading makes the ponds appear to have a high maintenance need.
The Parks department will review the proposed species list of plant material and
is available for suggestions.
4.2.6 The Parks Department has reviewed and modified the proposed/approved seed
list and planting lists. Several species on the list are identified as typical pasture
grass species and are not appropriate for restoration mixes. Additionally, some
of the species are not indicative of dry upland plantings typical to the ranch.
Parks Department would like to see and approve the final plant and seed list.
4.3 Playing Fields in the Burlingame Village
4.3.1 In conjunction with the cultural use of the proposed property the City Parks
Department feels that the current restrictions on the possible playing fields
located with in the Burlingame Village are to restrictive and would not serve the
current needs of the community. The City Parks would like to open discussions
on how proper planning and location of the fields would better serve the purpose
of the applicant and allow for the City to use the field for organized play and
scheduling. The City recognizes the growing need for organized recreation and
28.7Development Review Committee: review and applicant response
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July 7, 2004
DRC –Bar/X & Stage Rd Subdivision/PUD
can work with the applicant allow for this use while addressing the applicants
concerns.
The Parks Department would like to set up a meeting to discuss the above
request, contact Brian Flynn at 920-6011. We look forward to the opportunity to
meet.
4.4 Sidewalk/Trail issues
4.4.1 The sidewalk/trail running parallel to the Ranch entrance road currently does not
provide enough room for multiple users. It is recommended that a sidewalk/trail
width be a minimum of 8ft. Additionally, an 8ft trail through the property would
serve to benefit the lot owners with a better transition onto the public trail located
along the Burlingame Village access road.
4.4.2 There needs to be a maintenance agreement or language clearly outlining that
maintenance of the sidewalk/trail is the responsibility of the bar/x ranch this
agreement should detail maintenance from the beginning of the trail where it
connects to the public Burlingame trail down through the entire development.
4.4.3 The City Parks Department would like to open the discussion of the sidewalk/trail
running the length of the access road to be a public sidewalk/trail. The City
strongly encourages the applicants consider planning for a future trial connection
from the Maroon creek pedestrian bridge to the proposed sidewalk/trail. The City
feels that this important connection could serve future needs for the public
accessing the cultural center with out relying on vehicular access.
The Parks Department would like to set up a meeting to discuss the above
request, contact Brian Flynn at 920-6011. We look forward to the opportunity to
meet.
4.5 Fishing Easement
4.5.1 The City of Aspen would like an opportunity to discuss the acquisition of a
fisherman easement along the Roaring Fork River on the South side of the
property. This easement would run West to East terminating at the confluence of
the Roaring Fork River and Maroon Creek. The City is not asking for an easement
up into the Maroon Creek drainage. The goal of the easement is to connect the
public property bordering both sides of the Bar/x ranch located on the south side of
the river. The easement shall provide access for the purpose of fishing; access
should be limited to 20 feet above the high water mark.
The Parks Department would like to set up a meeting to discuss the above request,
contact Brian Flynn at 920-6011. We look forward to the opportunity to meet.
5.Environmental Health Department:
� Forthcoming comments
6. City Water Department:
� Need utility plans to perform review.
7.Aspen Consolidated Sanitation District;
7.1 Standard Requirements: Service is contingent upon compliance with the District’s rules,
regulations, and specifications, which are on file at the District office.
7.2 No Stormwater: ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. Driveway entrance drains can not drain to sewer.
28.8 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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DRC –Bar/X & Stage Rd Subdivision/PUD
7.3 Required Approvals: On-site utility plans require approval by ACSD.
7.4 Oil and Grease interceptors (NOT traps) are required for all food processing
establishment. Locations of food processing shall be identified prior to building permit.
7.5 Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Elevator shafts drains must flow thru o/s interceptor.
7.6 Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements.
7.7 Pumps Systems: Below grade development may require installation of a pumping
system.
7.8 Shared Service Agreements: One Tap per Building: 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.
7.9 Sewer Easements: Permanent improvements are prohibited in sewer easements or right
of ways. Landscaping plans will require approval by ACSD where soft and hard
landscaping may impact public ROW or easements to be dedicated to the district.
7.10 Fees: All ACSD fees must be paid prior to the issuance of a building permit. Peg in our
office can develop an estimate for this project once detailed plans have been made
available to the district.
7.11 Cost to Increase Capacity: Where additional development would produce flows that
would exceed the planned reserve capacity of the existing system (collection system and
or treatment system) an additional proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional proportionate
fees would be collected over time from all development in the area of concern in order to
fund the improvements needed.
7.12 Line Extension Request: Where main sanitary sewer lines are required to serve this new
development, a line extension request and collection system agreement are required.
Both are ACSD Board of Director’s action items. Once detailed utility plans are made
available to the district, we can initiate the “Line Extension Request”.
7.13 Snowmelt System Fluids: Glycol heating and snow melt system must be designed to
prohibit and discharge of glycol to any portion of the public and private sanitary sewer
system. The glycol storage areas must have approved containment facilities.
7.14 Future Comments by Sanitation on Bar/X: The district will be able to respond with more
specific comments and requirements once detailed building and utility plans are
available.
7.15 Replacement of Existing Sewer Line: The existing sanitary sewer line in the south field as
shown on applicants sketch plan to serve Lots 1,2 & 3 is not serviceable and will need to
be replaced in the access road.
/DRC/BarX-StageRD-final
28.9Development Review Committee: review and applicant response
1
MEMO
From: John Lifton
216 West Colorado Ave.
P.O. Box 997
Telluride
CO 81435 USA
970.728.5353
FAX 728.4919
lifton@infozone.org
Date: August 26, 2004
To: Joyce Algaier, City of Aspen Community Development Department
Subject:Stage Road PUD/Subdivision
_____________________________________________________________
Dear Joyce,
This memo is provide you with a formal response to the issues raised by the
Development Review Committee in their consideration of our final submission. I
shall address these issues in the same order as they are listed in John
Niewoehner’s memo of July 7. References to section numbers refer to our Final
PUD/Subdivision Submission binder.
1 Engineering Department
Although the preannexation agreement allowed us to make this submission
without including engineering for water and sewer, it was obvious from staff
feedback that this presented a problem. We are therefore, in consultation with
City staff, Aspen Sanitation District and SGM, adding a detailed utility plan which
includes water and sewer lines.
1.1 Road Easements and ROWs
1.1.1 ROWs v. Easements
We do not intend to convert the road easements to ROWs. There is no intention
that these roads will ever become public roads. Furthermore, they could not
become public without unanimous agreement of the lot owners, in which case a
replat to create ROWs could be submitted.
1.1.2 Easement Width
As regards width, the road designs have been updated to provide for natural rock
retaining walls in conjunction with 3:1 slopes in all cut and fill areas. This will
allow the retaining structures to be contained by the proposed easements. The
easement width on Stage Road has been expanded from 40 feet in areas where
the existing fences demonstrate a historically greater width. The easement areas
28.10 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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proposed now fully include the trail, road, drainage ditches, utilities, berms,
culverts and cut/fill slopes, as requested by the Engineering Department.
1.2 Road Plan Views, Road Width and Cross Sections
1.2.1 Typical Road Cross Sections
The typical cross sections have been revised to include pedestrian path, road,
drainage ditches, utilities, berms, and culverts, together with typical dimensions.
1.2.2 Designs for all Roads
Profiles and cross sections are now included for shared driveways as requested.
1.2.3 Trail
The pedestrian path is now included on the cross section.
1.2.4 Shoulders
The preannexation agreement allows us to maintain the rural character of the
neighborhood. We have expanded the road widths to meet the request of the
Fire District, but we believe that adding shoulders would impart an unsuitable
suburban quality to the design and is unnecessary. Additionally, the City’s
requirements for the pedestrian path, ditches and utilities has completely filled
the historic 40 foot prescriptive ROW, and providing shoulders in addition to this
would require expanding the historic ROW, relocating 100 year-old fence lines,
and substantially altering the cultural artifact we are trying to preserve.
1.2.5 Width of Driving Surface
The City Engineer requested greater road surface widths at the time of our
preliminary submission, and this request was not supported by City Council. It is
one of the central tenets of the New Urbanist movement, whose goals have been
endorsed by Council, to counter 100 years of road width expansion by municipal
engineers, and to return road widths to a human and functional scale, while
retaining adequate size for safety and emergency use. We therefore believe that
the driving surface widths proposed properly correspond to contemporary land
planning practice. Note that the Cultural Use Area access road no longer exists
(see below).
1.2.6 Guardrail Locations
Guardrail locations have been added to the drawings as requested.
1.2.7 Emergency Vehicle Access
1.2.7.1 It is understood that driveways to individual houses longer than 150’
will require a fire truck turnaround. The responsibility for this will be the
individual lot owner’s at the time they request a building permit. We
understand that local architectural firms are used to accommodating this
need without serious visual or design impacts.
28.11Development Review Committee: review and applicant response
3
1.2.7.2 Buckhorn Geotech has discussed the need for pullouts on the
shared driveway at the end of Stage Road with the Fire District, and has
altered the driveway design to accommodate the District’s request.
1.2.7.3 Cul-de-sacs at the end of all dead-end roads will accommodate a fire
truck turnaround.
1.3 Required Van Service
The van service was proposed in order to meet the City’s request for a
comprehensive TDM program. We would be willing to provide equivalent funding
to another TDM element that the City believes would be a more effective use of
these funds, so long as this expenditure continues to occur at the time
subdivision improvements are installed.
1.4 Cultural Use Area
We have been unable to accommodate the City request for a 30’ road to the
Cultural Use Area and additional parking because of the extreme environmental
and visual impact such a road width would cause. We have therefore moved the
Cultural Use Area to a site immediately south of the Burlingame Affordable
Housing Village, and contiguous with the Harmony Road extension to the Village.
Access to the Cultural Use Area will therefore be directly from Harmony Road
and no separate access road is any longer required. This has reduced the site
area from 3.0 acres to 2.0 acres.
� Pedestrian access from Burlingame Village to these facilities is greatly
improved.
� The preservation of the historic ranch operation without the introduction of
new non-ranching elements at its center also better meets national criteria
for cultural conservation.
� The proximity of this new site to the Soldner property and its future use as
a cultural center consolidates cultural facilities in one location. A footpath
connection between these two facilities could allow their closer interaction
in future.
We believe that this shift of location represents a significant improvement in the
land planning of the property. We also believe, following the survey of local non-
profits included in our submission, that detailed design of the Cultural Use Area
prior to determining actual uses and ownership would be unproductive. We have
instead performed a feasibility study to ensure that the proposed design program,
together with an expanded parking requirement, can be accommodated on this
site. This is included in the supplementary materials to this memo.
We therefore propose that the Cultural Use Area - Lot C - should be the subject
of a separate PUD application at a later date, but that, as part of this current
28.12 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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application, a plat annotation should limit the maximum amount of development
allowed and specify the minimum amount of parking to be provided.
1.5 Utility Plans
A utility plan has been prepared and is included in the supplementary materials.
Main sewer and water lines are based on the most current information available
from SGM and discussion with John Niewohner, but should be regarded as
provisional until design work required by SGM and the City of Aspen Water
Department has been completed. Note that sewer and water designs are
specifically not required in this submission under the terms of the Preannexation
Agreement. We have, however, provided this additional information at the
request of the City of Aspen Engineering Department in order that an overall
evaluation of utilities can be undertaken.
1.6 Drainage Plans
A drainage analysis was provided in Section 8 of the Final Submission and the
culverts required are now included in the revised engineering drawings for the
roads in Section 20.
1.7 Erosion Control Plan
A “best practices” erosion control plan has been prepared as requested.
Detailed specification of erosion control based on these best practices will be
provided when construction drawings for the improvements are submitted.
1.8 Site Plans for Individual Houses
The PUD Control Document (Section 17 of the Final Submission) has been
revised to include the requested provision.
1.9 Roadway Construction and Utility Installation
The PUD Control Document (Section 17 of the Final Submission) has been
revised to include the requested provision.
1.10 Road Upkeep
The MSDS for Road Oyl has been added to Section 20. Road and Trail
Maintenance is the responsibility of the Stage Road Homeowners Association. A
detailed maintenance plan will be provided when construction drawings for the
improvements are submitted.
2 Building Department
2.1 Efficient Building Code
Section 4 – Green Construction & Energy Efficiency is revised to note that
Efficient Building Code calculations are based on interior floor area calculation
and not FAR.
28.13Development Review Committee: review and applicant response
5
2.2 Soils Report
Page 9.24 of the Final Submission already requires a site specific soils report by
a Colorado licensed engineer as part of the design review submission.
3 Fire Protection District
3.1 Hydrants and Water Lines
The utility plan, included in the supplementary materials to this memo, shows the
location of fire hydrants. Additional hydrants at homesites are the responsibility of
lot owners.
3.2 Fire Truck Turnaround
See 1.2.7.1
3.3 Pullouts
See 1.2.7.2
3.4 Sprinklers
We agree that all new construction and remodels shall be sprinklered.
4 Parks Department
There seems to have been some misunderstanding by the Parks Department of
some aspects of our submission. We are sorry for any lack of clarity.
A subdivision of 12 lots – the “Stage Road Subdivision” - is being separated from
the Ranch. The subdivision is the 12 new lots, and the -/X Ranch (described in
the submission as the “Fathering Parcel”) continues as an active agricultural
enterprise. The landscaping design being submitted as part of the subdivision
approval is for the 12 new lots. The Fathering Parcel will continue in active
agricultural use, and the ponds, tree nursery and other landscape work on the
Fathering Parcel is not part of the subdivision improvements but will be created
as part of normal agricultural practice. These elements were included in the
mapping in order to provide a detailed overview of future land uses. We
apologize if this was not clear.
We also need to state that the preannexation agreement was based (1) on us
providing more public benefit than the City could obtain as mitigation through its
regular land use approval process, and (2) on us asking for a much lower free
market density that was allowed under our existing Pitkin County zoning. We
have facilitated the creation of 330 units of affordable housing and we have
perpetually preserved a majority of the Ranch as open space through
conservation easements. The review comments by the Parks Department in
which additional public benefits are asked for, all of which were previously
28.14 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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discussed in front of City Council, and rejected with Council’s approval, are
therefore inappropriate.
4.1 Restoration/Protection
4.1.1 Irrigation
All areas planned for landscaping will be irrigated by gravity flow irrigation
ditches. The “Future Ranch Irrigation” plansheet in Section 22 is being revised to
show this more clearly. There are one or two areas where photo-voltaic powered
pumps will lift water in order that gravity flow can reach all areas.
4.1.2 Weed Management
The Ranch has carried out its own weed treatment for many years, and this will
be continued under supervision of the Ranch Manager, and subject to the terms
of the conservation easements. The 12 lots of the Stage Road Subdivision will be
responsible for their weed management through the Stage Road Homeowners
Association. The HOA may contract either with the Ranch or with a third party for
this weed treatment. In both cases, weed management is a long-term obligation.
4.1.3 Soil Storage
For the 12 lots of the Stage Road Subdivision, soil storage areas have to be
identified in the Lot owners’ submissions for design review, and their
rehabilitation specified. For the Fathering Parcel, the Ranch already has areas
that are used to stockpile soil, hay and other materials as part of ordinary
agricultural practice, and existing ranch roads already provide access to these
areas.
4.1.4 Seeding
For the 12 lots of the Stage Road Subdivision, seeding, mulching and irrigation
will be specified in the Lot owners’ submissions for design review. Irrigation is all
permanent, using gravity flow irrigation ditches. However, note that the Water
Service Agreement (Section 12. Page 29.50.) allows municipal water and
sprinklers to be used for 10,000 sq.ft. immediately around each of the building
envelopes.
We intend that three seed mixes will be used:
�Pasture Mix
This is the pasture grass mix used on the irrigated meadows of the ranch, and
intended as fodder for livestock. This seed mix is used as part of ordinary
agricultural operations and is therefore not part of the landscaping plan.
�Restoration Mix
This is a seed mix for areas disturbed by subdivision improvements. This
seed will be gathered from plants in existing undisturbed areas along Stage
Road, so that the restoration exactly matches the existing vegetation.
�Lawn Mix
28.15Development Review Committee: review and applicant response
7
This will be a seed mix for lawn and grass landscape areas around the
houses in the subdivision, and will have a reduced water requirement
compared to a standard “Kentucky Bluegrass” lawn.
These seed mixes will be specified when construction drawings for the
subdivision improvements are submitted.
4.1.5 Restoration Plan
4.1.6 Erosion Control
As noted earlier, a “best practices” document has been added to the submission
and detailed restoration and erosion plans will be provided when construction
drawings for the improvements are submitted.
4.1.7 Existing Vegetation
Existing vegetation is shown on the “Composite Plansheet” as an aerial
photographic base. Existing vegetation is protected through the conservation
easements, and in development areas the trees are mapped as part of the
design approval submission.
4.1.8 Cottonwood Irrigation
See 4.1.1
4.2 Landscape
4.2.1 Topsoil
As a result of the agricultural history of the ranch, its irrigation and past crop
production, topsoils are more developed than in typical sites in the surrounding
area. We therefore do not expect that topsoil will need to be imported as the
existing soils are quite suitable for landscape work. In fact, soil test pits in the
irrigated meadows showed that rich organic soils are often several feet deep.
There will be a considerable stockpile of this soil after road construction is
completed, and we expect this supply to be adequate for the landscape work
proposed. No topsoil standard for imported soil is therefore needed. The details
of how soil will be spread, compacted and reseeded are included in the
landscape plans to be submitted by owners for HOA design approval.
4.2.2 Pinion Pine
Pinion Pine will be removed from the approved tree list.
4.2.3 Temporary Irrigation
See 4.1.1
4.2.4 Existing Ditches
The irrigation ditch system, including new distribution ditches serving the new
free market lots, will irrigate the screening areas. Some of these areas are
integrated with constructed wetlands that will buffer the percolation of surface
28.16 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
8
run-off. Details of species to be planted will be provided in the construction
drawing submission for the improvements for Parks Department comment.
4.2.5 Ponds
The ponds on the Fathering Parcel are being developed for agricultural purposes
only and are not part of the subdivision improvements. Each of the 12 lots of the
Stage Road Subdivision is allowed to develop a pond within the “Natural Garden”
or “Landscaped Garden” portions of the lot. The design of these ponds will be
approved as part of design review for the landscape plan. These ponds will be
fed by irrigation ditches under the management of the Ranch Manager. Water
rights for these ponds are being obtained as part of the Augmentation Plan.
4.2.6 Approved Species List
As described in 4.1.4, different seed mixes will be provided for different
situations. We do not intend to put pasture grasses in restoration mix except to
the extent that pasture grasses currently exist in the mature roadside
groundcover. The ranch contains many quite distinct ecosystems, and approved
species must be tailored to the niche into which they will be planted. At the time
of submission of construction drawings for the improvements, the details of these
diverse areas of planting will be reviewed by the Parks Department.
4.3 Playing Fields
4.3.1 Location of Fields
This issue has already been discussed in front of City Council with both our and
the Parks Department’s participation. Council supported our position that the
noise and lights associated with scheduled sports events should not be placed
immediately adjoining areas where livestock graze. In fact, the City has the right
to locate playing fields on portions of either Burlingame Ranch or the AVLT
purchase area, in locations not adjoining livestock grazing, free of any restrictions
on organized play or scheduling. Playing fields may also be located on the 20
Acre Parcel but are, however, subject to certain restrictions as specified in the
Preannexation Agreement, Section 1.G (page 29.16). The Parks Department
should insure that land planning of Burlingame Village takes these constraints
into account in order to meet the needs of the community.
4.4 Sidewalk/Trail Issues
4.4.1 Stage Road Sidewalk
The 6 foot sidewalk is intended only as a sidewalk for pedestrian use. Cyclists
and equestrians will continue to use the roadway.
4.4.2 Maintenance Agreement
The Stage Road Sidewalk is the maintenance responsibility of the Stage Road
Homeowners Association (see Section 13).
28.17Development Review Committee: review and applicant response
9
4.4.3 Public Access
There will be no public access to Stage Road or to the Stage Road Sidewalk
(see Section 29 - Preannexation Agreement and Section 30 – Soldner
Agreement), and no trail connection to Highway 82 at the Maroon Creek Bridge.
The Parks Department requested this Highway 82 trail connection once again,
despite it having been discussed twice in front of City Council with both our and
the Parks Department’s participation, and with the outcome that City Council
supported our position.
Lots 1 and 2 are as narrow as 167 feet, and the space between the Lot 1 building
envelope and the Maroon Creek Club boundary is as narrow as 40’6”.
Construction of a public trail in such a narrow space would make Lots 1 and 2
unworkable. The applicant has already spent several years refining a plan that
moves all the new free market lots out of the irrigated meadows and preserves
the historic agricultural operation. We are not prepared, so late in the process, to
revisit the land use plan that has already received a preliminary approval.
4.5 Fishing Easement
4.5.1 We have provided for conveying title to a “Fisherpersons’ Tract” on the
north bank of the Roaring Fork River to the City of Aspen. The additional
provision of an easement on the south side, as now requested by the Parks
Department, is incompatible with the Maroon Creek Conservation Easement, and
is therefore not included. From the start of our annexation discussions with the
City we have described the problems of trespassing in the Maroon Creek Canyon
and along the south bank of the Roaring Fork River. This area is one of the last
intact canyon riparian systems around Aspen, and we have been determined
from the outset to protect it from human impacts with a conservation easement.
There is currently a 6’ wire mesh fence with barbed wire on the south bank of the
Roaring Fork which has proved ineffective in preventing trespass. The Parks
Department request would require an even more insurmountable fence across
the entire north end of Maroon Creek Canyon to effectively prevent trespass,
including approval for the continuation of this fence onto the neighboring Harvey
property, and including a fence across Maroon Creek itself. Such a fence would
destroy the access route between Maroon Creek Canyon and the Roaring Fork
Canyon that is actively used by deer, elk, bear and other wildlife. This is clearly
one situation where ecological and aesthetic values are more important than
public access.
5 Environmental Health Department
No review comments have been received.
28.18 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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6 City Water Department
The utility plan will allow review by the Water Department. However, it should be
noted that the Water Service Agreement has already defined the main
parameters of the water system. Additionally, the Preannexation Agreement
allows for the approval of this subdivision without design of a water system. The
utility plan is consistent with the latest information received from Schmueser
Gordon Meyer and the City Water Department.
7 Aspen Consolidated Sanitation District
The utility plan will allow review by the Sanitation District. However, it should be
noted that the Preannexation Agreement allows for the approval of this
subdivision without design of a sewer system. The utility plan included herein
contains the latest information received from Schmueser Gordon Meyer.
John Lifton
for Bar Slash X Ranch, LLC
August 26, 2004
28.19Development Review Committee: review and applicant response
MEMORANDUM
To: Joyce Allgaier, Community Development Department
From: Jannette Whitcomb, City Environmental Health Department
Date: September 1, 2004
Re: Bar/X Final PUD
===============================================
The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of
the Municipal Code of the City of Aspen, and has the following comments.
AIR QUALITY:"It is the purpose of [the air quality section of the Municipal Code 13.08] to achieve the
maximum practical degree of air purity possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution throughout the city...”The Land Use Regulations
(Chapter 26 of the Municipal Code) seek to "lessen congestion" and "avoid transportation demands that
cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing
pollutants".
The land use code states that the density of a PUD may be reduced if the proposed development will
have a pernicious [negative] effect on air quality in the surrounding area and the City.
The major air quality impact is the emissions resulting from the traffic generated by this project. Using
standard Institute of Traffic Engineers Trip Generation Rates, this development (thirteen free market, twelve
accessory dwelling units, and one caretaker unit) will generate 248 additional trips per day, and 35 pounds of
PM-10 per day.Thus the size of this development will have a pernicious (negative) effect on the air
quality.
In order to comply with the provisions of the land use code, and ensure that the development does not have
a pernicious effect on air quality in the surrounding area and the City of Aspen, the Environmental Health
Department recommends the following pm10 mitigation measures be implemented:
1. Cash in lieu is provided to RFTA to offset the cost of a bus that would remove 248 trips/day.
2. The applicant will add sidewalk along Stage Road and Stage Road South, along with trail
connections to encourage pedestrian and bike use.
The applicant has offered several ideas and TDMs for this project, such as second home ownership
reducing trip generation, the fact that employees taking care of homes may live in ADUs, and an
employee vanpool for trips into town and to school. In fact, second home ownership is likely to generate
more trips than the average during times of the year when PM-10 problems are most serious. If
employees were required to live in the ADU’s, and ADU’s were restricted to employees, the County trip
reduction would be allowed. Absent that, no trip reduction credit is possible. Given that school bus and
RFTA service already exist along the Highway 82 corridor, it would be more effective to fund closer
RFTA service than an employee van for an uncertain number of employees.
REMINDERS FOR OTHER ENVIRONMENTAL HEALTH CONCERNS:
FIREPLACE/WOODSTOVE PERMITS The applicant must file a fireplace/woodstove permit with the
Building Department before the building permit will be issued. In the City of Aspen, buildings may have two
28.20 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas
fireplace appliances per building. New homes may NOT have wood burning fireplaces, nor may any heating
device use coal as fuel.
FUGITIVE DUST any development must implement adequate dust control measures.
A fugitive dust control plan is required which includes, but is not limited to fencing, watering of haul roads and
disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed
limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a
nuisance. A fugitive dust control plan must be submitted to the Colorado Department of Public
Health and Environment, Air Quality Control Division if this project is over 1 acre in size.
NOISE ABATEMENT: Section 18.04 "The city council finds and declares that noise is a significant source
of environmental pollution that represents a present and increasing threat to the public peace and to the
health, safety and welfare of the residents of the City of Aspen and it its visitors. ...Accordingly, it is the
policy of council to provide standards for permissible noise levels in various areas and manners and at
various times and to prohibit noise in excess of those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and construction
cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not
allowed on Sundays.
TRASH STORAGE AREA:The applicant should make sure that trash storage areas have adequate wildlife
protection.
28.21Development Review Committee: review and applicant response
1
MEMO
From: John Lifton
216 West Colorado Ave.
P.O. Box 997
Telluride
CO 81435 USA
970.728.5353
FAX 728.4919
lifton@infozone.org
Date: September 7, 2004
To: Joyce Algaier, City of Aspen Community Development Department
Subject:Stage Road PUD/Subdivision: Environmental Health
Department Review received September 1, 2004.
_____________________________________________________________
Dear Joyce,
I note that the review of our Final Submission by the Environmental Health
Department was not received by you until September 1, well after the extended
deadline you had set. However, in order to provide as complete a response as
possible to City staff concerns, we have “halted the presses” and are providing
you this additional memo. The order follows that of the items in Ms. Whitcomb’s
memo.
1 Air Quality
1.1 Baseline Data
Scientific methodology requires that an air quality analysis look at the projected
change in PM-10 quantity. Existing traffic on Stage Road from the ranch, the
Harvey Subdivision and the Caudill lot throws large visible dust clouds into the
air. Although much of this material is made up of particles larger than 10 microns,
the hard gravel on Stage Road entrains PM-10 particulates along with the other
material. The surfacing of Stage Road with Road Oyl will not only do away with
these dust clouds, but, because the Road Oyl surface is much softer than asphalt
paving, it will not entrain PM-10 particulates as asphalt does. The considerable
reduction in PM-10 resulting from these improvements should be credited against
the additional PM-10 resulting from the increased trip count generated by the
subdivision. (See also 1.5 below.)
1.2 Cash in lieu
The applicant has offered to contribute cash to the City in lieu of the proposed
shuttle van.
28.22 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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1.3 Sidewalks
The applicant has provided a sidewalk along Stage Road up to the cluster of Lots
9-12. Within this cluster, and along Stage Road South, the TDM proposal is that
the roads become “woonerfs”, mixed use surfaces with traffic speed limited to 15
miles per hour and speed control devices installed. The City has already adopted
this approach in many residential portions of the historic City grid, where
sidewalks have been replaced by landscaping and the asphalt street surface is
used in common by pedestrians and all forms of traffic.
As the applicant has explained since the start of annexation discussions, the
maximum protection of the irrigated meadows of the ranch has been central to
the land use plan. In addition, unnecessarily giving up additional meadow to
create sidewalks would result in the kind of suburban gentrification that destroys
rural character. City Council and the applicant agreed in Section 2.g (second
paragraph) of the Preannexation Agreement, that this would be inappropriate,
and the Final Submission package is consistent with the Preannexation
Agreement in this regard.
1.4 Trail connections
See section 1.H.d of the Preannexation Agreement (page 29.18).
1.5 ADU occupancy restricted to employees
The purpose of providing ADUs with the free market units was clearly to facilitate
the on-site availability of caretaking and other professional services. Our belief is
that it is most unlikely that homeowners will rent ADUs purely for income; i.e. a
rental will almost certainly be to persons acting as caretakers (either on a paid
basis or in exchange for rent) or to persons providing some other form of on-site
service. The applicant is therefore willing to consider restricting occupancy of
these ADUs, if rented, to households in which one or more persons is providing
caretaking or other professional services to the free market units or to the ranch
either as full or part time employment or in exchange for rent. However, the City
does not appear to have any methodology for quantifying the trip reduction and
PM-10 reduction that would result from such a restriction. In the absence of such
a clear and demonstrable benefit, the restriction might be counter-productive.
2 Fireplaces and woodstove permits
This is already covered in Section 9.12 “Design Guidelines”.
3 Fugitive dust
The Final Submission section of the Design Guidelines (pages 9.25 through
9.28) has been modified by the addition of the following paragraph. This
consolidates what were previously separate and scattered requirements into a
single integrated plan.
Construction Impact Plan
An integrated Construction Impact Plan shall be submitted. This shall contain, at a minimum,
plans for topsoil and subsoil storage, replacement and reseeding; erosion control; site drainage
28.23Development Review Committee: review and applicant response
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control; fugitive dust control; construction staging; tree, mature vegetation and property
protection; slash disposal; trash containment and removal; and signage.
Additionally, the applicant will submit a fugitive dust plan the City of Aspen with
construction drawings for the subdivision improvements.
4 Noise abatement
The “Noise and Hours” section of the Design Guidelines (page 9.27) has been
updated to accurately reflect the City’s current time limitations.
5 Trash storage
Already addressed in the Design Guidelines on page 9.15.
John Lifton
for Bar Slash X Ranch, LLC
August 26, 2004
28.24 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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