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HomeMy WebLinkAboutresolution.apz.018-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PROVISIONS OF THE LAND USE CODE, SECTION 26.445 OF THE MUNICIPAL CODE. Resolution #99 - ! _~ WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose amendments to the Planned Unit Development prowsion of the land use code pursuant to sections 26.208 and 26.212; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and., WHEREAS, the Planning Director recommended approval of amendments to Section 26.445 Planned Unit Development as described in Attachment A of this resolution; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the existing and proposed Planned Unit Development regulations on June' 8, 1999, and continued the hearing to July 20, 1999, and then to August 3, 1999, took and considered public testimony and the recommendation of the Planning Director and recommended, by a six to one (6-1) vote, City Council adopt the proposed Planned Unit Development Regulations by replacing, in sum, Section 26.445 with the language provided in Attachment A of this resolution. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1: Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council replace Section 26.445 Planned Unit Development, in its entirety, with the language provided in attachment A of this Resolution. Section 2: Pursuant to Section 26.310.050 of the Municipal COde, the adoption of this resolution by the Planning and Zoning Commission shall not be considered a pending ordinance. APPROVED by the Commission during a public hearing on August 3, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City~A~'~mcy- -- ATTEST: }~l~i~'"~h ~an~/D eput ~ Cit~Clerk C:~ome\CHRISB\CASES~P_PROGR~PZ_Reso. doc Chapter 26.445 Exhibit A 26.445.010 26.445.020 26.445.030 26.445.040 26.44~050 26.445.060 26.445.070 26.445.080 26.445.090 26.445.100 26.445.110 PLANNED UNIT DEVELOPMENT (PUD) Purpose. Applicability. Procedures for Review. General Provisions. Review Standards. Application Materials. Recording a Final PUD Development Plan. Notice of PUD Designation. Placement of PUD Designation on Official Zone District Map. Amendment of PUD Development Order. Enforcement of PUD Development Order. 26.445.010 Purpose. The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and innovation in the development of land which: Promotes the purposes, goals, and objectives of the Aspen Area Community Plan. Achieves a more desirable development pattern, a higher quality design and site planning, a greater variety in the type and character of development, and a greater compatibility with existing and future surrounding land uses than would be possible through the strict application of the underlying zone district provisions. Preserves natural and man-made site features of historic, cultural, or scenic value. Promotes more efficient use of land, public facilities, and governmental services. Incorporates an appropriate level of public input to the planning process to ensure sensitivity to neighborhood and community goals and objectives. 26.445.020 Applicability. Before any development shall occur on land designated Planned Unit Development (PUD) on the official zone district map or before development can occur as a PUD, it shall receive final PUD approval pursuant to the terms of this Chapter. However, in no evem shall adoption of a final development plan be required for the construction of a single detached or duplex residential dwelling on a separate lot, in conformance with the General Provisions of this Chapter, Section 26.445.040. All land with a PUD designation shall also be designated with an underlying zone district designation most appropriate for that land. A development application for a Planned Unit Development (PUD) may be applied for by the property owners of any proposed development in the City of Aspen that is on a parcel of land greater than twenty-seven thousand (27,000) square feet intended for residential, commercial, tourist or other development purposes. A development application for a Minor Planned Unit Development (Minor PUD) may be applied for by the property owners of a parcel of land located within the Lodge Preservation Overlay (LP) Zone District intended for development consistent with the purpose of the LP Overlay Zone District. 26.445.030 Procedures for RevieW. Proposed PUD page 1 General. Any development within a Planned Unit Development (PUD) or on land designated with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth at Chapter 26.304. ~A rezoning application for designating a parcel of land with a PUD Overlay shall be received and considered concurrently with a development application for a f'mal PUD development plan. Types of Review. Conceptual and Final Review (Four-Step Review). All development proposed within a PUD, unless eligible for minor review or determined eligible for a consolidated review, shall be reviewed for conceptual approval by the Commission and Council and then reviewed for final approval by the Commission and Council. This is a four step process requiring public hearings at steps two, three, and four. Consolidated Conceptual and Final Review (Two-Step Review). An applicant may request and the Community Development Director may determine that because of the limited extent of the issues involved in a proposed PUD in relation to these review procedures and standards, or because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director shall consider whether the full four step review would be redundant and serve no public purpose and inform the applicant during the pre-application stage whether consolidation will be permitted. An application which is determined to be eligible for consolidation shall be processed pursuant to the terms and procedures of final development plan review - steps three and four. The Planning and Zoning Commission or the City Council may, during review, determine that the application should be subject to both conceptual and final plan review, in which case consolidated review shall not occur. Minor Planned Unit Development Review (Two-Step Review). Due to the limited extent of the issues involved, a development application requesting approval as a Planned Unit Development on a parcel of land located in the Lodge Preservation Overlay (LP) Zone District shall be processed pursuant m the terms and procedures 0fMinor Planned Unit Development plan review (Minor PUD). This two step process does not require approval of a conceptual development plan, only review and approval of a final development plan by the Planning and Zoning Commission and the City Council, with public hearings occurring at both. Concurrent Associated Reviews. An applicant may request and the Community Development Director may determine that an application for development within a PUD may be combined, during final review, with a development application for conditional use, special review, ESA review, subdivision review, text amendment, rezoning, and Growth Management. Consideration of a code text amendment, a rezomng application, or a Growth Management allocation or exemption may be considered during conceptual review, subject to final review. The Community Development Director shall consider whether the associated reviews may be reviewed concurrently and inform the applicant during the pre-application stage whether concurrent reviews will be permitted and if any redundant submission requirements may be waived. Steps Required: There are four steps required for the review of a PUD development plan. Consolidated and Minor PUD reviews require only steps three and four. Proposed PUD page 2 Step One - Conceptual Review before Planning and Zoning Commission. Purpose: To determine if application meets standards for conceptual PUD. Notice requirements: None. Standards of review: Section 26:445.050. P&Z action: Resolution recommending City Council approve, approve with conditions, or disapprove a conceptual developmant plan. Step Two - Conceptual Review before City Council - Public Hearing. Purpose: To review recommendations of the Community Development Director and Planning and Zoning Commission and to determine if the application meets the standards for conceptual review of an PUD. Notice requirements: Requisite notice requirements for adoption of a resolution by City Council and publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (c).) Standards of review: Section 26.445.050. City Council action: Resolution approving, approving with conditions, or disapproving conceptual plan for PUD. Step Three - Final Review before the Planning and Zoning Commission -- Public Hearing. Purpose: To review application for final development plan to determine if it meets the standards for a final PUD. Notice requirements: Publication, posting, and mailing. (See 26.304.060(E)(3)(a),(b), and (e).) Standards of review: Section 26.445.050. P&Z action: Resolution recommending City Council approve, approve with conditions, or disapprove a final development plan. The Commission may, by Resolution, approve, approve with conditions, or disapprove an amendment to a final development plan, pursuant to 26.445.100. Step Four- Final Review before the CiO~ Council-- Public Hearing. Purpose: To review recommendations by the Community Development Director and the Planning and Zoning Commission and to determine if application for final development plan meets the standards for a PUD. Notice requirements: . Requisite notice requirements for adoption of an ordinance by City Council and publication, posting, and mailing. (See 2&304.060(E)(3)(a),(b), and (c).) Standards of review: Section 26.445.050 City Council action: Ordinance approving, approving with conditions, or disapproving the final PUD development plan. Do Limitations. Approval of a conceptual development plan shall not constitute final approval for a PUD, or permission to proceed with any aspect of the development. Approval of a conceptual development plan shall only authorize an applicant to submit an Proposed PUD page 3 application for a final PUD development plan in accordance with the City Council Resolution granting conceptual PUD approval. Unless otherwise specified in the Resolution granting conceptual approval, a development application for a final development plan shall be submitted within one (1) year of the date of approval of a conceptual development plan. Failure to file such an application within this time period shall render null and void the approval of a conceptual development plan. The City Council may, at its sole discretion and for good cause shown, grant an extension of the deadline, provided a written request for extension is received no less than thirty (30) days prior to the expiration date. Development on any land within a Planned Unit Development may occur only after all land use approvals are received, all requisite documents, agreements, and plats have been filed, and the applicant has received all necessary permits as required by the Municipal Code and any other County, State, or Federal authority with jurisdiction over the land. 26.445.040 General Provisions. The following provisions shall apply to all property designated with a PUD Overlay on the Official Zone District Map unless otherwise provided pursuant to an adopted final PUD development plau for the property. Uses: The land uses permitted in a PUD shall be limited to those allowed in the underlying zone district in which the property is located. Detached residential units may be authorized to be clustered in a zero lot line or row house configuration, but multi-family dwelling units shall only be allowed when permitted by the underlying zone district. DerisiOn: The maximum aggregate density shall be no greater than that permitted in the underlying zone district, considering the inclusions and exclusions of Lot Area, as defined, and considering the mandatory density reduction for steep slopes as described below in subsection 1. Furthermore, during review of a PUD development plan, lands designated with a PUD Overlay are subject to additional possible reductions in allowable density due to insufficient infrastructure capabilities or the presence of natural hazards or critical features of the site as described below in subsections 2 and 3. Mandatory Reduction in density for steep slopes: In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil stability; · and guarantee adequate fire protection access, the density of a PUD shall be reduced in areas with slopes in excess of twenty (20) percent according to the following schedule: Slope Maximum density allowed. classification. (Pementage of that allowed in (Slope percentage.) the underlying zone district.) 0 - 20 % 100% 21-30 % 50% Proposed PUD page 4 Notes: a) slope > 40 % 0% There shall be no density credit allowed for lands in excess of forty (40) percent slope. b) Maximum density for the entire parcel on which the development is proposed shall be determined by calculating the net lot area, after the reductions for each slope classification have been subtracted, divided by the square footage per dwelling unit necessary in the underlying zone district regulations. c) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying zone district as long as, on average, the entire PUD conforms to the density provisions of the respective zone district and there exists no aggregate increase in density. d) For parcels resting in more than one (1) underlying zone district, the slope reduction and maximum density calculation shall be performed separately on the lands within each zone district. Possible density reduction for infrastructure capabilities: The maximum allowable density within a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development; b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development; - Possible density reduction ,for natural hazards and critical natural site ,features: The maximum allowable density within a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers; b) The effects of the proposed development are detrimental to the natural watemhed, due to runoff, drainage, soil erosion, and consequent water pollution; c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City; or d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Dimensional Requirements. The following dimensional requirements shall be established with the adoption of a final PUD development plan. The underlying zone district shall be used as a guide in determining the appropriate dimension for each provision. The final development plan shall clearly define all dimensional requirements for each lot within the PUD. In the absence of a final development plan, a single detached or duplex residential dwelling, if listed as a permitted use in the underlying zoning, may be developed in conformance with the provisions of the underlying zone district. 1. Minimum Lot Size. 2. Minimum Lot Area per dwelling unit. 3. Minimum lot width. 4. Minimum front yard. 5. Minimum side yard. Proposed PUD page 5 Minimum rear yard. 7. Maximum site coverage. 8. Maximum height (including view planes). 9. Minimum distance between buildings on the lot. i0. Minimum pement open space required for the building site. 11. Trash access area. 12. Allowable Floor Area. 13. Minimum off-street parking spaces. 14. Other dimensions determined necessary to establish through the PUD process. 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD. A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, ~s exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Establishment of Dimensional Requirements: The final PUD developmem plans shall establish the dimensional reqmremems for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of. and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Proposed PUD page 6 d) Note: The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coyemge appropriate and favorable to the character of the proposed PUD and of the surrounding area. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) Tbe varying time periods of use, whenever joint use of common parking is proposed. c) Tbe availability of public transit and other transportation facilities, including those for pedestrimt access and/or the commitment to utilize automobile disincentive techniques in the proposed developmem. The proximity of the proposed development to the commercial core and general activity centers in the city. The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. C Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: I. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented m public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programatic functions associated with the use. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Proposed PUD page 7 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is approprmte. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Amhitectural character is based upon the suitability of a building for its purposes, legibility of the building's use. the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ~ce, and water in a safe and appropriate manner that does not require s~gnificant maintenance. Lighting. The purpose of this criterion to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following criterion shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to ~djoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is discouraged for residantial development. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available io the mutual benefit of the various land uses mad property users of the PUD. Proposed PUD page 8 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities mad that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. ~4ccess and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this criteria is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: I. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed ro be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to. the bicycle and pedestrian trail system, and adequate access m significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and n:ansportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other emryway expressions for the PUD, or for Lots within the PUD, are only proposed where necessary and are minimized to the extent practical. Phasing of Developntent Plan. (does not apply to Conceptual PUD applications} The ptupose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an Proposed PUD page 9 individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1 All phases, including the initial phase, shall be designed m function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extem practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. 26.445.060 A. Application Materials. Conceptual Development Plan. The contents of a development application for a conceptual development plan shall include the following: 1. The general application information required in Common Procedures, Section 26.304. 2. A Site Improvement Survey depicting: a) Existing natural and man-made site features. b) Existing topography and categorization of site slopes falling within the thresholds described in General Provisions, Section 26.445.040. c) All legal easements and restrictions. 3. A conceptual description and site plan of the proposed developmem including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 4. A conceptual architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 5. A conceptual landscape plan generally describing the type, location, and size of existing and proposed landscape features. 6. A general description of the dimensional requirements being considered. 7. A written response to each of the PUD Review Criteria contained in section 25.445.050. Final, Consolidated, and Minor Development Plan. The contents of the developmem application for a Final, Consolidated Conceptual and Final, and Minor development plan shall include the following: The general application information required in Common Procedures, Section 26.304. A Site Improvement Survey depicting: a) Existing natural and man-made site features. b) Existing topography and categorization of site slopes falling within the thresholds described in General Provisions, Section 26.445.040. c) All legal easements and restrictions. Proposed PUD page 10 3. A detailed description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 4. An architectural character plan indicating the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes Which may significantly represent the proposed development. 5. A landscape plan depicting: a) The type, location, and size of all existing plant materials and other landscape features. b) The proposed method of protecting vegetation through construction. c) The type and location of all proposed plant materials, other landscape features proposed treatment of ground surfaces, and a plant material schedule with common and botanical names, sizes, and quantities. 6. A statement specifying the public facilities that will be needed to accommodate the proposed development, and what specific assurances will be made to ensure the public facilities will be available to accommodate the proposed development. 7. A statement specifying the method of maintaining any proposed common areas on the site, including but not limited to common parking areas, walkways, landscaped areas, and recreational facilities, and what specific assurances will be made to ensure the continual maintenance of said areas. 8. A description of the dimensional requirements requested to be established through the review. 9. A description of any proposed project phasing detailing the specific improvements proposed for each phase. 10. A written response to each of the PUD Review Criteria contained in section, Section 26.445.050. 11. A proposed plat which depicts the applicable information required by Section 26.480.060(A)(3) and (B). 12. Proposed PUD Plans and a proposed PUD Agreement. 26.445.070 Recording a Final PUD Development Plan. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one-hundred-and-eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The City Council may, at its sole discretion and for good cause shown, grant an extension of the deadline, provided a written request for extension is received no less than thirty (30) days prior to the deadline. Reconsideration of the final developmem plan and PUD agreement Dy the Planning and Zoning Commission and City Council may be required before its acceptance and recording. The final development plan, which shall consist, as applicable, of final plats, drawings, and agreements as described below shall be recorded in the office of the Proposed PUD page 11 Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and PUD agreement. PUD Development Plans. Unless otherwise specified in the final Ordinance, the final PUD development plans for recording shall include the following: 1. Final Plat. 2. Illustrative Site Plan. 3. Architectural Character Plan. 4. Landscape Plan. 5. Grading and Drainage Plan. 6. Utility and Public Facilities Plan. PUD Agreement. General. Unless Otherwise specified in the final Ordinance, upon approval of a final PUD development plan the applicant and City Council shall enter into an agreement binding the PUD to any conditions placed on the development order, Common park and recreation areas. The PUD agreement shall outline any agreement on the part of the applicant, to deed to each lot or dwelling unit owner within the PUD, an undivided interest in all common park and recreations areas, together with a deed restriction against future residential, commercial, or industrial development. Landscape guarantee. In order to ensure ~mplementation and maintenance of the landscape plan. the City Council may require the applicant to provide a guarantee for no less than one hundred twenty-five (125) percent of the current estimated cost of the landscaping ~mprovements in the approved landscape plan, as estimated by the City engineer, to ensure the installation of all landscaping .shown and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. The guarantee shall be in the form of a cash escrow with the City, or a bank or savings and loan association, or an irrevocable sight draft or letter of commitment from a financially responsible lender and shall give the City the unconditional right upon demand to partially or fully complete or pay for any improvements or pay any outstanding bills, or to withdraw funds upon demand to partially or fully complete or pay for any improvements or pay for any improvement or pay any outstanding bills for work done thereon by any party. As portions of the landscaping improvements are completed, the City engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) pement which shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent, which shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. Public facilities guarantee. In order to ensure installation of necessary public facilities planned to accommodate the development, the City Council shall require Proposed PUD page 12 the applicant to provide a guarantee for no less than one hundred (100) pement of the current estimated cost of such public improvements, as estimated by the City Engineer.~The guarantee shall be in the form specified in Section 26.445.070(C)(3) above, and may be drawn upon by the City as therein specified. As portions of the public facilities improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (I0) percent which shall be withheld until all proposed improvements are completed and approved. 26.445.080 Notice of PUD designation. Subsequent to receipt of a development order for a Planned Unit Development (PUD), the applicant shall file in the Clerk and Recorder's office of Pitkin County, Colorado, the following notice: Notice of PUD Designation PLEASE TAKE NOTE that on the day of ~ ., the City Council of Aspen, Colorado, approved development on the following described tract as a Pl~umed Unit Development pursuant to the provisions of Chapter 26.445 of the Aspen Municipal Code. No development shall occur on the tract except in accordance with such development order and under any conditions that may be imposed thereby. The above referred to land is located within the City of Aspen, Pitkin County, Colorado, and is more fully described as follows: (Insert Legal Description) A copy of the Planned Unit Development Final Development Plan is of record in the office of the Pitkin County Clerk and Recorder. City Clerk STATE OF COLORADO COUNTY OF PITIC1N ) SS: ) The foregoing instrument was acknowledged before me this day of__ , ~, by , City Clerk. Witness my hand and official seal Notary Public My Commission expires: 26.445.090 Placement of PUD designation on Official Zone District Map. After approval of a final PUD development plan, the Community Development Director shall amend the City's Official Zone District Map to show a Planned Unit Development (PUD) designation. 26.445.100 Amendment of PUD development order. Proposed PUD page 13 PUD Insubstantial Arnendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. 4. A reduction by greater than three (3) percent of the approved open space. 5. A reduction by greater than one (1) pement of the off-street parking and loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. 7. An increase of greater than two (2) pement in the approved gross leasable floor area of commemial buildings. 8. An. increase by greater than one (i) percent in the approved residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Other amendment. An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed. An applicant may appeal an amendment determination made by the Planning and Zoning Commission to the City Council. In this case, the determination made by the Planning and Zoning Commission shall be considered a recommendation and the amendment shall be subject to final development plan review and approval by the City Council, pursuant to Section 26.445.030(C)Step 4. An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council, pursuant to Section 26.445.030(C) Steps 3 and 4. During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. This shall include, but not be limited to, portions of the development which have not obtained building permits or are proposed to be amended, any new community polices or regulations which have been implemented since the original approval, or Proposed PUD page 14 changed or changing community circumstances as they affect the project's original representations and commitments. The applicant may withdraw the proposed amendment at any time during the review process. Absence of approved final development plan. In the absence of an approved final deveIopment plan for a site designated PUD on the Official Zone District Map, an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposal is an insubstantial or other amendment. 26.445.110 Enforcement of PUD development order. City. The provisions of a development order approving a final development plan for a PUD relating to the use of land and the location of common open space shall run in favor of the City, and shall be enforceable at law or in equity by the City, without limitation on any power or regulation otherwise granted by law. B4 Residents. All provisions of the development order approving a final development plan for a PUD shall also run in favor of the residents, occupants, and owners of the PUD, but only to the extent expressly provided in the development order and m accordance with the terms of the final development plan. Tc that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by residents, occupants, or owners acting individually, jointly, or through an organization designated in the development order m act on their behalf. However, no provisions of the development order shall be implied m exist in favor of residents, occupants, and owners except those provisions of the development order which have received approval. Release by City. All those provisions of the development order approving a final developmem plan for a PUD authorized to be enfomed by the City, may be modified, removed or released by the City subject to the following: No modification, removal or release of the provisions shall affect the rights of the residents, occupants, and owners of the PUD to maintain and enforce these provisions at law or equity as provided in Section 26.445.110(B). No modification, removal, or release of the provisions of the development order by the City shall be permitted except upon compliance with the requirements of Section 26.445.100. Release by residents. Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the development order, modify, remove or release their rights m enforce the provisions of the development order, but no such action shall affect the right of the City to enforce the development order. E. Enforcement of open space and common area conditions. Proposed PUD page 15 In the event the organization established to own and maintain common open spaces, recreation areas, communally-owned facilities and private streets, or any successor organization shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved open space plan in the final development plan, the City Council may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty (30) days. If the deficiencies noted are not cured within thirty (300 days, an additional notice shall be sent setting forth a date and place of a hearing to be held within fourteen (14) days of notice. At the time of hearing, the City Council may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the Ci.ty Council, in order to preserve the taxable values of properties within the development and to prevem the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before expiration of the one-year period, the City Council shall, upon its own initiative or upon the written request of the organization responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the PUD. At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City of Aspen should not be continued for the succeeding year. If the City Council determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Council. Otherwise, the City shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of maintenance by the City shall be a lien against the common facilities of the PUD and the private properties within the development. The City Council shall have the right to make assessmems against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foieclose its lien on the common facility by certifying the same to the county treasurer for collection as in the case of collection of general property taxes. Proposed PUD page 16