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PITKIN COUNTY CLERK & RECORDER
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ORDINANCE NO.S-~
(SERIES OF 1994)
AND
AN ORDINANCE OF THE CITY OF ASPEN GRANTING FINAL REVIEW
FOR SUBDIVISION, PUD, GMQS EXEMPTION,
VESTED RIGHTS FOR THE WILLIAMS RANCH PROJECT TO CONSTRUCT
35 DEED RESTRICTED AFFORDABLE HOUSING UNITS AND
15 FREE MARKET LOT ON A PARCEL LOCATED IN SECTION 7,
TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PM
WHEREAS,
the
smuggler
Consolidated
Mines
Corporation
("Applicant") ,
represented by Tom stevens and Gary wright,
submitted an application to the Planning Office requesting approval
of the Williams Ranch development which consists of 35 deed
restricted affordable housing units, 15 free market lots, Planned
unit
Development,
Subdivision,
Rezoning,
Exemption,
GMQS
Annexation, 8040 Greenline Review, and special Review; and
WHEREAS, the Williams Ranch property is located immediately
adjacent to the city of Aspen in the AF-l zone district of Pitkin
County; and
WHEREAS, the Applicant did file on December 12, 1991 with the
city Clerk of the City of Aspen a Petition for Annexation to annex
the subject property to the city of Aspen, and
WHEREAS,
on January 13, 1992, City Council did adopt
Resolution No.4, Series of 1992, finding substantial compliance
with section 31-12-107(1), C,R,S,; and
WHEREAS,
the City council, by Resolution No. 12, Series of
1992, at its regular meeting on March 23, 1994, did find and
determine, following a public hearing, said Petition for Annexation
to be in substantial compliance with
31-12-104 and 31-12-105,
C.R.S, and
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WHEREAS, the Applicant and the City of Aspen have consented
to that certain Annexation Agreement dated
, 1994; and
WHEREAS, the planning and Zoning commission considered the
Applicant's request at a public hearing on September 13, 1994, at
which time the commission recommended approval to City council for
the Subdivision, Rezoning, PUD, GMQS Exemption, and Annexation.
The Commission also granted 8040 Greenline review and Special
Review for parking and open space, subject to conditions in
Planning and Zoning commission Resolution 94-
; and
WHEREAS, the commission voted 4-0 to recommend approval of
this project to city council; and
WHEREAS, pursuant to section 24-7-1004 Subdivision, section
24-7-901 Planned Unit Development, and section 24-8-104 GMQS
Exemption, city council may approve the Applicant's request; and
WHEREAS, city Council considered the Applicant's request at
a duly noticed public hearing on November 14, 1994 at which time
Council determined that this project complies with the applicable
requirements of the Municipal Code; and
WHEREAS, city Council has found that a multi-year development
allotment for one free market unit pursuant to section 24-8-103(0)
is appropriate to accommodate this project; and
WHEREAS, the approvals granted herein are specifically
conditioned upon City Council approval of said Petition for
Annexation by Ordinance duly adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
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section 1: Pursuant to section 24-7-1004 Subdivision, section 24-
7-901 Planned unit Development,
and section 24-8-104 GMQS
Exemption, city council does hereby approve the applicant's request
sUbject to the terms and conditions of said Annexation Agreement
and upon adoption by the City council of an Annexation Ordinance
annexing the subject property to the City of Aspen; and subject
further to the following conditions:
1.
The Zoning
conditions
applicant:
Enforcement Officer has recommended the following
of approval that shall be adhered to by the
a,
Building envelopes on the free market lots shall contain
all development and disturbance proposed for those lots.
Natural vegetation shall be maintained outside the
designated building envelopes. This condition shall be
noted on the Final Plat.
b.
No development shall be permitted to encroach into any
easement areas identified on the Final Plat. This
condition shall be noted on the Final Plat.
c. Prior to the development of each lot, a separate
topographical and boundary survey with corner monuments
shall be prepared by a registered land surveyor and
submitted with the building permit,
d. The free market units shall provide one parking space
per bedroom.
e. Allowed floor area square footages shall be based on the
lot areas identified on the Final Plat.
f. pi tkin County's def ini tion for calculating height and
determining natural grade shall be used for this project,
g. Lots 3 - 15 have received a PUD variance for the front
yard that addresses the requirement of section 24-3-101
Yard (A) (5), which permits driveways or cut slabs greater
than 30 inches below grade within the required yards.
h.
All heights and FAR calculations shall be verified when
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working drawings are submitted to the Building Department
for building permit review. The drawings included in the
application packet do not contain adequate detail for
this level of review,
2. The applicant shall comply with the following conditions
regarding pedestrian areas:
a. The Final Plat shall identify pedestrian easements on all
lots that are adjacent to roads.
b. Hard surface pedestrian walking areas shall be placed on
one side of all roads within the subdivision and along
one side of the main access road across Mollie Gibson
park to Smuggler Mountain Road.
c.
All hard surface pedestrian walking areas
maintained in a sui table walking condition
round basis.
shall be
on a year
d. The Covenants and approvals shall specify whether the
Homeowner's Associations or individual property owners
are responsible for snow removal and maintenance of these
walkways,
3.
The applicant shall complete an ACSD Collection System
agreement, and shall comply with ACSD Rules, Regulations, and
Specifications, prior to the issuance of any building permits,
4. The following conditions of approval from the Environmental
Health Department, shall be adhered to by the applicant:
a. The applicant shall adhere to the fugitive dust control
plan filed in the Environmental Health Department,
b. The applicant shall file a fireplace/woodstove permit for
each structure with the Environmental Health Department,
prior to the issuance of any building permits,
c. Construction hours shall be limited to 7:00am to IO:Oopm
to minimize construction noise on neighboring properties,
5. The applicant shall comply with the following conditions as
they relate to the Housing Office:
a. The applicant may choose the first time purchasers of the
affordable housing units, as long as each purchaser
complies with the Aspen/pitkin County Housing Guidelines
and each purchaser has been approved by the APCHA,
b.
All resale affordable housing units shall come under the
jurisdiction of the APCHA and its guidelines.
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c.
The Master Deed Restriction shall be filed and approved
by the Housing Office within 180 days of City Council
approval of the project.
, d. Ten of the Resident occupied "RO" units shall comply with
the RO requirement for the city of Aspen in the 1994
Aspen/Pitkin County Housing Office 1994 Affordable
Housing Guidelines. The remaining five RO units shall
meet all the requirements of the Housing Guidelines,
except there will be no asset or income limitations for
these residents.
6. The turnaround at the intersection of Freesil ver Road and
Williams Ranch Drive shall be redesigned subject to approval
of the city Engineer and the Fire Chief. Alternately, the
applicant shall install residential sprinkler systems in all
residential units.
7 .
Lots 1
installed
drawings.
15 shall have a residential sprinkler system
and these shall be indicated on the building permit
8.
Development on Lot 15 is limited to eighteen feet in height
(plus five feet to the mid-point), as calculated by pitkin
county's Land Use Code, All other lots are subject to the 25
foot height limitation of the City of Aspen, and are
calculated using Pitkin County's definition for height.
9.
The water pump serving the upper
records of pump maintenance and
inspection by the Fire Marshall.
lots shall have adequate
servicing available for
10. The emergency access road shall be a minimum of 20 feet wide
and maintained in a passable condition on a year round basis.
The improvements agreement, declarations, and covenants shall
specify that snow removal will be provided by the Homeowner's
Associations for the emergency access road.
11. The allowable floor area for the free market parcels shall not
exceed 90% of what is permitted in the AH zone district. If
the proposed floor area for any free market parcel is over 80%
of the permitted floor area for the AH zone district, then a
complete 8040 Greenline Review by the Planning and zoning
Commission shall be required prior to the issuance of any
building permits for that lot. In the 8040 Greenline Review
process, particular attention shall be focussed on
requirements 7 and 8, which provide for the preservation of
the mountain as a scenic resource and design to blend into the
open character of the mountain.
12. Lots 1
15 shall have an engineer evaluate the site
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8-775 P-827 03/09/95 02g03P PG 6
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conditions to recommend foundation design, prior to building
permit review on each parcel.
A licensed engineer shall submit a report
foundation design for the affordable housing
the issuance of any building permits.
address ing the
units, prior to
14. As discussed in the referral comments dated August 24, 1994
from the Engineering Department, the applicant shall comply
with the following:
a. The free market units shall be required to provide for
on-site stormwater detention, prior to the issuance of
any building permits.
b. soil erosion controls and the debris interceptor shall
be indicated on the Final Plat drawings. Construction
drawings for each phase of work shall be designed by a
licensed engineer and indicate appropriate runoff control
measures. The plans shall be submitted and approved by
the Engineering Department, prior to any earthmoving
activities.
c.
The applicant shall dedicate public right-of-way or an
easement for Spruce Street along the north property
boundary on Lots 1 - 4 and provide a seven foot easement
for snow storage along these lots.
d.
All access roads shall be a
width. This also applies
williams Court.
minimum
to the
of 20 foot driving
"driveway" called
e. The "grass over paver blocks" or similar system for the
emergency access lane off Spruce Street shall be designed
and engineered to handle emergency response vehicle
loads. This plan shall be reviewed and approved by the
Fire Marshall, prior to the issuance of any building
permits.
f. The applicant shall submit construction drawings and
specifications, stamped by a registered engineer, and
obtain written permission from Engineering prior to any
road work, utility construction, or grading/drainage
construction.
g. Prior to signing the Final Plat, the applicant shall
submit a letter by a registered engineer stating that the
road designs meet the requirements of section 24-7-
1004(C) (4) (a) (10) and (13),
h.
The Final Plat shall indicate a 20 mph speed limit signs
to be installed by the applicant as identified in the
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B-775 P-828 03/09;95 02~03P PG 7
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Traffic Report.
i.
In addition to the required 100 foot diameter turnaround
for the intersection of Freesilver Road and Williams
Ranch Drive, a seven foot buffer shall be designed
outside this turnaround that will be for drainage, snow
storage space plus a five foot pedestrian path, This
shall be identified on the Final Plat,
j. An easement for the snow storage areas within the
development shall be indicated on the Final Plat.
k. The applicant shall provide three single globe antique
street lights for this project, one at the intersection
of Williams Drive and Teal court, one at the
intersection/turnaround of Williams Ranch Drive and
Freesilver Road, and one at the intersection of Williams
Ranch Drive and Freesilver Road. Intermediate, low level
street lighting shall be provided between intersections,
Design, style and location of these lights shall be
approved by the City Engineer.
1. All utilities, except natural gas, shall be stubbed out
to the property lines prior to paving the access roads.
m.
Any property monuments
construction (including
a land surveyor.
removed or
landscaping)
disturbed during
shall be reset by
n.
Prior to Final
shall be set
subdivision.
Plat approval, property corner monuments
on the external boundaries of the
o. The Final Plat and subdivision agreement shall include
a note specifying that trash storage and recycle areas
will be located on private property and not within access
and utility easements.
p. The Final Plat must meet the requirements of Section 24-
7-1004(D) of the Municipal Code. The Plat shall also
include certificates of plat approval for utility
location and easement width by all utility companies and
approval by all easement holders on the property.
q. The "Final Plat" will consist of all boundary,
certificate, site, engineering, and architectural
drawings approved by the City. All sheets containing
engineered drawings must be stamped by a registered
engineer.
r.
The applicant shall agree to join any future improvement
districts which may be formed for the purpose of
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B-775 P-829 03/09/95 02,03P PG 8
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constructing improvements in the adjacent Smuggler area
public rights-of-way.
s. The applicant shall consult city engineering (920-5080)
for design considerations of development within public
rights-of-way, parks department (920-5120) for vegetation
species, and shall obtain permits for any work or
development, including landscaping, within public rights-
of-way from the city street department (920-5130).
t. Guest parking areas shall be delineated on the Final Plat
and all pull in parking spaces shall be redesigned to
comply with the requirements of the Municipal Code.
15. No accessory dwelling units are permitted to be constructed
in any of the Williams Ranch residences.
16.
As stated
September
following:
in
7,
Department referral comments dated
applicant shall comply with the
the Parks
1994, the
a.
The applicant shall obtain an easement from the ditch
owners for the proposed trail along Salvation Ditch.
Specific information regarding trail standards and
materials shall be included in the application, The
applicant should dedicate this as a public easement,
b.
Prior to the issuance of any building permits, the
applicant shall submit a detailed landscape plan that
identifies trees six inches in diameter and over,
Landscaping in any right-of-way should also be included
on the landscape plan. The Parks Department will review
and approve the final landscape plan to be recorded with
the Final Plat documents.
c. The applicant shall comply with Ordinance 37 Series of
1991 as it relates to irrigation methods.
17. The applicant shall pay the $157,360 park development impact
fee prior to the issuance of any building permits, unless the
applicant provides a cost breakdown of the park improvements
as specified Section 24-5-608,
18. The Final Plans shall indicate a small ditch water feature
along the Salvation Ditch alignment to maintain the historic
character of this area.
19. The applicant shall provide a Final Plat and Subdivision
Improvement Agreement, satisfactory to the city Attorney,
Engineer and Planning Office, detailing 'the costs of all
proposed public improvements within 180 days of city council
review. The guarantee of these improvements shall be in place
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21.
22.
23.
24.
25.
26.
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before the issuance of any building permits, All public
improvements shall be completed, in place and accepted by the
appropriate agency before issuance of any certificate of
Occupancy's.
The applicant shall explore restricting residential
development on the remaining 30 acres in Pitkin County, with
the exception of a night watchman's quarters, not to exceed
1,500 square feet in floor area.
The city Engineer shall pursue a text amendment to allow
variations of subdivision design standards as set forth in
section 24-7-1004(C) (4) of the Aspen Municipal Code.
only Lot 5 shall have access via spruce street.
Prior to the commencement of any construction activities on
this property, the applicant shall receive final Annexation
and Rezoning approvals from the City of Aspen.
The applicant shall comply with the recommendations made by
Bruce Collins in his geologic report dated January 19, 1994,
All material representations made by the applicant
application and public meetings shall be adhered
considered conditions of approval, unless otherwise
by other conditions.
in the
to and
amended
The applicant shall grant a Public Recreation Easement to the
city of Aspen for the open space parcel adjacent to Salvation
Ditch.
27. The applicant agrees not to seek any variances to the 25-foot
height limit for structures, as based upon the Pitkin County
regulation pertaining to the measurement of building heights.
Section 2:
Pursuant to Section 24-6-207 of the Aspen Municipal
Code, city Council does hereby grant the Applicant vested rights
for the Williams Ranch Subdivision site development plan as
follows:
1.
The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below,
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
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B-775 P-831 03/09/95 02,03P ~~ 10 OF 11
vested property rights. Failure to timely
all plats and agreements as specified
Municipal Code shall also result in the
vested rights.
and properly record
herein or in the
forfeiture of said
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided by this Ordinance shall
exempt the site specific development plan from subsequent
reviews and/or approvals required by this Ordinance or the
general rules, regulations or ordinances of the city provided
that such reviews or approvals are not inconsistent with the
approval granted and vested herein,
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all properties
subject to land use regulation by the City of Aspen, including
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing,
section 3: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the city
of Aspen, no later than fourteen (14) days following final adoption
hereof.
Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised statutes, pertaining to the following
described property:
The property shall be described in the notice and appended to said
notice.
section 4:
This ordinance shall not become effective unless and
until the city Council approves the Petition for Annexation by duly
enacted ordinance annexing the subject property to the city of
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B-775 P-832 03/09/95 02,03P PG 11 OF 11
Aspen.
section 5: A public hearing on the Ordinance shall be held on the
K day of ~, 1994 at 5:00 P.M. in the city council
Chambers, Aspen City Hall, Aspen, Colorado.
Fifteen (15) days
prior to the hearing a public notice of the hearing shall be
published in a newspaper of general circulation within the city of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the city of Aspen on the ~ day of ~"'~f1.-
1994.
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FINALLY, adopted, passed and approved this
~, 1994.
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John ~ennett, Mayor
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