HomeMy WebLinkAboutordinance.council.036-03 ORDINANCE NO. 36
(SER]JES OF 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING FINAL LAND USE APPROVALS AND GRANTING A
DEVELOPMENT ORDER FOR BURLINGAME RANCH LOT 3, (AKA PARCEL
D) AFFORDABLE HOUSING PROJECT, INCLUDING FINAL PUD
DEVELOPMENT, GMQS EXEMPTION FOR AFFORDABLE HOUSING,
REZONING TO R/MF/PUD, SUBDIVISION, SUBDIVISION EXEMPTION AND
SPECIAL REVIEW FOR A 40 UNIT AFFORDABLE HOUSING PROJECT IN
THE CITY OF ASPEN, FITKIN COUNTY, COLORADO.
WHEREAS, the Aspen City Council. pursuant to Resolution No. 89, Series of
2002. adopted September 23, 2002, determined eligible for the City's development for the
Convenience and Welfare of the Public (COWOP) rewew process the development of
certain real property (hereinafter the "Project") o~vned by the City of Aspen, for the
purpose of providing condominiumized deed restricted affordable housing; and,
WHEREAS, the COWOP land use review process, Section 26.500 of the City of
Aspen Land Use Code. was created and adopted by the City of Aspen to allow the
planning of projects of significant community interest, when determined necessary by the
City Council according to said Section, to evolve an iterative process considering input
from neighbors, property owners, public officials, members of the public, and other
parties of interest, and assembling a Burlingame Parcel D COWOP Task Force Team,
providing recommendations directly to City Council: and.
WHEREAS, the Burlingame Parcel D COWOP Task Force Team was comprised
of residential and business neighbors of the Project, representatives of the City of Aspen
City Council, representatives of the City of Aspen Planning and Zoning Commission, a
representative of the Aspen/Pitkin Coun .ty Housing Authority Board, a representative of
Pitkin County PlaIming Commission, a representative of the Aspen Valley Land Trust, a
representative of the physically challenged, a member of CORE, and members of the
general public. The City of Aspen Community Developmen~ Director assigned the
Deputy Director to serve as the chair of the Task Fome Team, in compliance with the
requirements of Section 26.500 of the Aspen Land Use Code. The responsibilities of the
COWOP Task Force Team were approved by the City of Aspen City Council, pursuant to
Resolution 89, Series of 2002; and,
WHEREAS, the COWOP rewew process enabled the planning and design of the
Project to reflect essential community goals and values, taking into consideration various
opinions and expressed points-of-view from neighbors, the land o~vner, and citizens; and,
WHEREAS, the COWOP land use review process does not and has not lessened
any public hearing, public noticing, or any critical analysis or scrutiny of the project as
would other, vise be required; and,
WHEREAS, the Burlingame Parcel D COWOP Task Force Team met three (3)
times, each time for approximately three 13) hours, at.legally noticed public heatings, to
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identify the site's opportunities and constraints, to finalize specific elements of thc
development program, and to prepare a site plan, afier considering technical advise fi.om
various professional staff of essential City, County, and utility and service providers. The
COWOP Task Force Team forwarded a recommendation to the City Council who
adopted the recommendation and sketch site plan through Resolution No. 112, Series of
2002 on November 25, 2002, at a regular meeting; and,
WHEREAS, the City of Aspen Asset Management Department conducted a
"Design/Build" competition m order to find a capable developer and appropriate project
design of the Project and in such competition the Aspen City Council chose ASW Realty
Partners giving a conceptual approval of their winning entry so that ASW could proceed
with final land use approvals. ASW entered into a contractual agreement with the City of
Aspen to gain the project approvals and construct the project and is considered the
applicant for the Project; and,
WHEREAS. the Project is of higher quality as a result of the Burlingame Parcel
D COWOP Task Force Team and the use of the Design/Build developer model allowing
for more thoughtful and interactive discussions than may have otherwise resulted if the
Project had not been reviewed as a COWOP application; and,
WHEREAS, the Project ~s consistent with the Goals and Objectives of the 2000
Aspen Area Community Plan, especially those goals relating to allowing development,
especially affordable housing, to be built within the Urban Growth Boundary and within
proximity to transit and other services to address the needs of the new residences; and,
WHEREAS, the Project meets with the development standards as required by the
Aspen Municipal Code unless waived or altered through the PUD process and part of the
site specific development plan as pm forth in the application dated June 2, 2003 with the
Application Addendum from Design Workshop Inc. dated June 24, 2003 and included in
the plan set dated June 2, 2003, (as amended through this approval); and,
WHEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, City
Council may approve, approve with conditions, or deny all requisite land use approvals
necessary to grant a development order for a proposed development determined eligible
for COWOP land use review upon a recommendation from the Communny Developmem
Director and consideration of comments offered by the general public at a duly noticed
public heating; and,
WHEREAS, the City of Aspen Community Development Director has reviewed
the proposed development ~n consideration of the recommendations of the COWOP Task
Force Team, the requirements of the land use code, and comments from the City Engineer
and applicable referral agencies and has recommended approval of all necessary land use
approvals for granting a development order for the proposed Project including Final
approval of a COWOP Land Use Review, Final PUD, Rezoning of Lot 3 to Residential
Multi-Family with a Planned Unit Developmem (PUD) Overlay, Subdivision and
Subdivision Exemption for Condominiumization, Residential Design Review, Final
Growth Management Exemption, and Special Review for Affordable Housing Parking
subject to conditions of approval as described herein; and.,
WHEREAS, the Aspen City Council has reviewed and considered the development
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proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Burlingame Parcel D COWOP Task
Force Team, the Community Development Director, the applicable referral agencies, and
has taken and considered public comment at a public heating; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY'COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
The Burlingame Ranch Lot 3 Affordable Housing COWOP Project is hereby granted a
development order for a site specific development plan and granted all necessary land use
approvals including Final approval of a COWOP Land Use Review, Final PUD, Rezoning
of Lot 3 to Residential Multi-Family with a Planned Unit Development (PUD) Overlay,
Subdivision and Subdivision Exemption' for Condominiumization, Residential Design
Review, Final Growth Management Exemption, and Special Review for Affordable
Housing Parking subject to conditions of approval as described herein.
Section 1: Rezoning
The Official Zone District Map of the City of Aspen shall be, upon filing of the
Subdivision Plat and Final PUD Plans, amended by the Community Development
Director to reflect the following property as included in the Residential Multi-Family
(R/MF) zone with a Planned Unit Development (PUD) Overlay, on all portions of said
land:
Lot 3 of the Burlingame Ranch Subdivision
Section 2: Approved Proiect
The Project shall include forty (40) deed restricted affordable housing units as described
on the Final PUD Plans. Each unit will be configured as a one-bedroom unit clustered in
three multi-family buildings. The units will be deed restricted in accordance with
Aspen/Pitkin County Housing Authority (APCHA) Guidelines: Twenty-five (25) of the
units shall be deed restricted as for-sale Category 2 units of no less than 677 square feet in
size and fifteen (15) of the units shall be deed restricted as for-sale Category 3 units of no
less than 765 square feet in size. Each unit shall have one (1) associated enclosed parking
space conveyed with the ownership interest of the residential unit. There shall be thirty
(30) additional surface parking spaces. A private roadway will serve the development
leading from Ventnor Avenue and will be maintained by the homeowners association. All
physical improvements including landscaping, storm water facilities, utility infrastructure,
etc. is to be maintained by the homeowners association. Open space will account for
approximately 75% of the lot. A public trail leading from the surface parking area and
sidewalk will be installed by the developer and connect the project to the public trail on
Burlingame Ranch, Lot 3 ~
Ord. No. 36, Series of 2003 Page 3
Highway 82. The name of the new street serving the development is approved as PassGo
Section 4: Approved Proiect Dimensions e~/e3/2ee3 ~ :34~
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The following approved dimensions of the project shall be reflected in the Final PUD Plans:
to Final PUD architectural
Section 5: Impact Fees
Park Impact Fees will be waived for this project in that the project contains
approximately 75% open space, a public trail is being installed and is adjacent to
recreational public trails.
School Impact Fees are assessed based on one-third the value of the unimproved land
divided by the proposed number of residential units on a per acre basis. The City of
Aspen will need to verify the unimproved land value of the lands underlying the Project
from recent transactions, an appraisal and/or information from the Pitkin County
Assessor. One-third of this value divided by the proposed 40 units would constitute the
required payment that would be due prior to Building Permit issuance. The subject
subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall
be accepted. All School Impact Fees will be payable at a time prior to the issuance of the
first Building Permit.
Trqf. fic Impact Fees have been paid to Pitkin County based upon vehicular traffic trip
generation by the development for improvements to the road network and intersections
serving this development in the vicinity of the AABC.
Section 6: Landscape Plan
The proposed landscape plan shall provide a nmuber, type, and quality of plant material
acceptable to the City Parks Department. Sufficient mitigation shall be provided, in a
form acceptable to the City Parks Department, to offset the removal of existing trees on
the site. The Landscape Plan sheet(s) of the Final PUD Plans shall include an acceptable
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Ord. No. 36. Series of 2003 Page 4
tree replacement and mitigation plan with a signature line for approval by the City Parks
Department.
The Subdivision/PUD agreement shall include provisions guaranteeing the successful
implementation of the landscape plan and ongoing maintenance of landscape. The
Subdivision/PUD Agreement shall include provisions for initial establishment of
improvements and ongoing maintenance of the landscape and pedestrian ways as general
common elements.
Section 7: Water Department Requirements
A separate water meter and billing account will be needed for each residence. An additional
tap for landscaping will be needed. The design of the fire sprinkler system must consider
the pressure surges that occur in the AABC. Fire hydrant lOcations shall be approved by the
Fire MarShal and evidence o£ such approval provided to the Water DePartment. All
requircmqents of the Water Department as described in the Development Review Committee
memorandum, dated June 16, 2003, shall be complied with.
Section 8: Aspen Consolidated Sanitation District
All requirements of the Aspen Consolidated Sanitation District, as described in the
Development Review Committee memorandum, dated June 16, 2003, 'shall be complied
with.
Section 9:PM10 Mitigation and Transportation Options Program
The City of Aspen considers the following elements of the project properly mitigating the
increases in PMI0: Close proximity to a transit stop, close proximity to such residential
services as groceries, banking, and restaurants, close proximity to school bus stops,
proposed pedestrian trail connections to a main trail conddor into Aspen, provision of one
parking space per residence with additional parking spaces available, bike racks, and
covered and secure storage serving the residents of the develoPment. One parking space
shall be designated for a car-share program vehicle, should the development participate in
such a program at some time in the future.
Section 10: Vested Rights
The development apProvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
Section 11: Condominiumization
Condominiumization of the project, once it is constructed, shall be approved upon meeting
the condominium plat requirements. Such Condominium plat shall meet with both state and
local recordation requirements. Such plat shall be reviewed, and if found to be acceptable,
approved administratively by the Community Development Department and recorded in the
records of the Pitkin County Clerk and Recorder's Office at the expense of the developer.
Section 12: Subdivision Plat & Final PUD Plan Requirements
Burlingame Ranch, Lot 3
Ord. No. 36, Series of 2003 Page 5
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan.
Such plat and plan shall meet with the required submittal requirements pursuant to the
requirements of the Aspen Municipal Code.
For Subdivision Plat:
1 Public access and pedestrian easements coinciding with the trails within the project
and "PassGo Lane" labeling the development's roadway.
2. All new easements for utility, fire and any other public purposes as shown in the
PUD plan.
3. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised parcel boundaries to the Geographic
Information Systems Department prior to applying for a building pennit. The final
building location data, including any amendments, shall be provided to the GIS
Department prior to issuance of a Certificate of Occupancy for any of the residential
unitS.
The Final PUD Plans shall include:
1. The PUD title and "PassGo Lane" street name.
2. An illustrative site plan with dimensioned building locations. Adequate snow
storage areas shall be depicted.
3 A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan with a signature line for the City Parks Department, This
should include any movable planters/pots within pedestrian areas.
4. Design specifications for the trail connection between the development and the trail
along Highway 82.
5. An architectural character plan demonstrating the general architectural character of
each building depicting materials, fenestration, projections, and dimensions and
locations of elevator shaft heads, skylights, mechanical equipment, etc.
6. A utility plan meeting the standards of the City Engineer and City utility agencies.
The City Water Deparuuent requires one meter and one billing account for each
unit.
7. Construction details for improvements.to the public rights-of-way, including utility
improvements, retaining wall and road profiles.
8. A grading/drainage and storm water management plan with any off-site impacts and
improvements specified. Such plan shall be reviewed by and meet with the
approval of the City of Aspen Community Development Department Engineer.
9. An exterior lighting plan meeting the requirements of Section 26.575.150. The
applicant shall work with the City Utility Depanmem Director and the City Parks
Planner to detenuine the number of and location for streetlights within the
development for safety and access reasons. These shall be depicted in the
Illustrative plan of the Final PUD Plans.
Burlingame Ranch. Lot 3
Ord. No. 36, Series of 2003 Page 6
Section 13: Subdivision/PUD Agreement Requirements
Within 180 days after final approval by City Council and prior to applying for, Building
Permit, the applicant shall record a SubdivisiorffPUD Agreement binding this property to
this development approval. The Agreement shail include the necessary items detailed in
Section 26.445.070 and 26.480.070. in addition to the following:
1 The PUD agreement shall state the ownership and maintenance responsibilities of
the common areas, roadway, parking, landscaping, utility, storm water, retaining
wall, and any other utility or common improvement of the project.
2. An estimated construction schedule with estimated schedules for construction
phases affecting city/county streets and infrastructure and provisions for noticing
emergency service providers, neighbors, and other affected parties.
Section 14: Building Permit Requirements
The building permit application shall include/depict:
I. A letter from the primary contractor stating that the approving Ordinance has been
read and understood.
2. A signed copy of the final Ordinance granting land use approval.
3. A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including access roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary, and as requested by the City, during construction.
The applicant shall provide phone contact information for on-site project
management to address construction impacts to the City of Aspen Building
Department and Pitkin County Engineering Department.
4. A construction management and parking plan meeting the specifications of the City
Building Department.
5. Evidence that the development project scores 130 points or better on the Efficient
Building Program score sheet.
6. Evidence that all utility, including water, sanitation fees are paid.
7. Evidence that the retaining walls, both MSE and boulder have been engineered by a
licensed structural engineer.
Section 15: Project Amendments
Amendments to the Project shall be reviewed according to the procedures and limitations of
the Land Use Code for amending a Final PUD Plan; however, unless the amendment can be
handled administratively, the review authority shall rest with the City Council.
Section 16:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, as presented in public heating or
Burlingame Ranch, Lot 3
Ord. No. 36, Series of 2003 Page 7
docun~entation before the Aspen City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by other specific conditions.
Section 17:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 18:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitu~ti..ogal ~ .a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof
Section 19:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 20:
A public hearing on the Ordinance was held on the 28thth day of July, 2003, at 5:00 in the
City Council Chan~bers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was 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 14th day of July, 2003.
Attest:
Kathryn S. ~f/och, City Clerk
FINALLY, adopted, passed and approved this 5th day of August, 2003.
Burlingame Ranch, Lot 3
Ord. No. 36, Series of 2003 Page 8
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Attest: 09/03/2003 11:34;
~athryn S. ~5~/eh, C(ty Clerk
Approved as to form:
.~hn~Worces~er, City Attorney
Burlingame Ranch, Lot 3
Ord. No. 36_ Series of 2003 Page 9