HomeMy WebLinkAboutordinance.council.035-99 ORDINANCE NO. 35
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, TO
AMEND SECTION 26:445, PLANNED UNIT DEVELOPMENT.
WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen
directed the Planning Director 9fthe Community Development Department to propose amendments
to Section 26.445, Planned Unit Development, 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 herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the
proposed Planned Unit Development regulations, as described herein, 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 Planned Unit Development with the language provided herein; and,
WHEREAS, City Council reviewed and considered the recommendations of the Community
Development Director and the Planning and Zoning Commission during a duly noticed public hearing;
and,
WHEREAS, the City Council finds that the amendments to Section 26.445 Planned Unit
Development, as described herein, meet or exceed all applicable standards and that the approval is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WltEREAS, 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, THAT:
Section 1:
Section 26.445 Planned Unit Development (PUD) of the Aspen Municipal Code, which section defines,
authorizes, and regulates the use, development, and process for adopting a Final PUD Development
Plan on land designated with a Planned Unit Development Overlay on the Official Zone District Map, is
hereby amended to read as follows:
Ordinance No. 35, Series of 1999.
Page 1
Chapter 26.445
PLANNED UNIT DEVELOPMENT (PUD)
26.445.010 Purpose.
26.445.020 Applicability.
26.445.030 Procedures for Review.
26.445.040 General Provisions.
26,445.050 Review Standards.
26.445.060 Application Materials.
26.445.070 Recording a Final PUD Development Plan.
26.445.080 Notice of PUD Designation.
26.445.090 Placement of PUD Designation on Official Zone District Map.
26.445.100 Amendment of PUD Development Order.
26.445.110 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:
A. Promotes the purposes, goals, and objectives of the Aspen Area CommUnity Plan.
B. Achieves a more desirable development pa~tem, 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.
C. Preserves natural and man-made site features of historic, cultural, or scenic value.
D. Promotes more efficient use of land, public facilities, and governmental services.
E. 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 event 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.
Ordinance No. 35, Series of 1999.
Page 2
26.445.030 Procedures for Review.
A. . 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 shal!
be received and considered concurrently with a development application for a final PUD
development plan.
B. Types of Review.
1. Conceptual and Final Review (Fozm-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. ~fis is a four step
process requiring public hearings at steps ~vvo, three, and four.
2. 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 th~ 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.
3. 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 to the terms and procedures of Minor 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.
4. 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
rezoning 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
Ordinance No. 35, Series of 1999.
Page 3
concurrent reviews will be permitted and if any redundant submission requirements may be
waived.
C. 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.
~tep One - Conceptual Review before Planning and Zoning Commission.
P~rpose: To determine if application me~ts 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 development 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 ora PUD.
N6tice 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 (¢).)
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 City 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 mailbag. (See
26.304.060(E)(3)(a),(b), and (e).)
Standards of review: Section 26.445.050
City Council action: Ordinance approving, approving with conditions, or
Ordinance No. 35, Series of 1999.
Page 4
I disapproving the final PUD development plan.
D. 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 application for a final PUD
development plan in accordance with the City Council Resolution granting conceptual PUD
approval.
Unless otherwise specified in the Resolution granfmg conceptual approval, a development
application for a f'mal developmem 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 ?LTD Overlay on the Official Zone
District Map unless otherwise provided pursuant to an adopted final PUD development plan for the property.
A. 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.
B. Density:
Unless otherwise established pursuant to a Final PUD Development Plan, 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 the mandatory density
reduction for steep slopes as described below.
Mandatory Reduction in densit~ 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. (Percentage of that allowed in
(Slope percentage.) the underlying zone district.)
0 - 20 % 100%
21-30 % 50%
Ordinance No. 35, Series of 1999.
Page fi
t 31-40 % 25%
slope > 40 % 0%
Notes:
a) There shall be no density credit allowed for lands in excess of forty (40) percent slope.
b) Max. imum 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) 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.
C. Dimensional Requirements.
The following dimensional requirements shall be established with rite 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. Maximum allowable density.
4. Minimum lot width.
5. Minimum front yard.
6. Minimum side yard
7. Minimum rear yard.
8. Maximum site coverage.
9. Maximum height (including view planes).
10. Minimum distance between buildings on the lot.
11. Minimum percent open space required for the building site.
12~ Trash access area.
13. Allowable Floor Area.
14. Minimum off-street parking spaces.
15. 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.
,4. General requirements.
Ordinance No. 35, Series of 1999.
Page 6
:~'~ 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, is 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.
B. Establishment of Dimensional Requirements:
The f'mal PUD development plans shall establish the dimensional requirements 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.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open space
and site coverage appropriate and favorable to the character of the proposed PUD and of the
surrounding area.
3. 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) The varying time periods of use, whenever joint use of common parking is proposed.
c) The availability of public transit and other transportation facilities, including those for
pedestrian access and/or the commitment to utilize automobile disincentive techniques in
the proposed development.
d) The proximity of the proposed development to the commercial core and general activity
centers in the city.
4. The maximum allowable density within a PUD may be reduced if there exists insufficient
infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other utilities to service
the proposed development.
Ordinance No. 35, Series of 1999.
Page 7
b) There are not adequate roads to ensure fire protection, snow removal, and' road
maintenance to the proposed development.
5. The maximum allowable density within a PUD may be reduced if there exists natural hazards
or critical natural site features. Specifically, the maximum density of 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 watershed, 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.
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.
6. The maximum allowable density within a PUD may be increased if there exists a significant
community goal to be achieved through such increase and the development pattern is
compatible with its surrounding development patterns and with the site's physical constraints.
Specifically, the maximum density of a PUD may be increased if:
a) The increase in density serves one or more goals of the community as expressed in the
Aspen Area Community Plan (AACP) or a specific area plan to which the property is
subject.
b) The site's physical capabilities can accommodate additional density and there exists no
negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above,
those areas can be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development pattern compatible with, and
complimentary to, the surrounding existing and expected development pattern, land uses,
and characteristics.
Notes:
a/ 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 maximum density provisions of the respective zone district or as otherwise established as
the maximum allowable density pursuant to a Final PUD Development Plan.
b) 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:
1. Existing natural or man-made features of the site which are unique, provide visual interest or
a specific reference to tile 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.
Ordinaace No. 35, Series of 1999.
Page 8
3. Structures are appropriately oriented to 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 &ainage 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.
D. Landscalae 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 oruamental plant
species suitable for the Aspen area climate.
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
appropriate.
E. 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. Architectural 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 §cale 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, ice, and water in a safe and appropriate
manner that does not require significant maintenance.
F. Lighting.
The purpose of this standard to ensure the exterior of the development will be lighted in an
appropriate manner considering both public safety and general aesthetic concerns. The following
standards shall be accomplished:
Ordinance No. 35, Series of 1999.
Page 9
1. All lighting is proposed so as m prevent direct glare or hazardous interference of any kind to
~ adjoining 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 £mal PUD documents. Up-lighting of site features,
buildings, landscape elements, and lighting to call inordinate attention m the property is
prohibitted for residential development.
G. 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 to the mutual benefit of the various land uses and
property users of the PUD.
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 adeed
restriction against future residential, commercial, or industrial developmem,
H. Utilities and Public facilities.
The purpose of this standard is to ensure the developmem does not impose an undue burden on
the City's infrastructure capabilities and 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 m 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.
I.. Access and Circulation. (Only standards l&2 apply to Minor PUD applicationsJ
The purpose of this standard 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 developmem
shall meet the following criteria:
1. 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 developmem, vehicular access points, and parking arrangement do not create
traffic congestion on the roads surrounding the proposed development, or such surrounding
roads are proposed to be improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of, or colmections to, the
~ bicycle and pedestrian trail system, and adequate access to significant public lands and the
Ordinance No. 35, Series of 1999.
Page 10
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 transportation 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 entryway expressions for the PUD, or for lots within the
PUD, are minimized to the extent practical.
g. Phasing of Development Plan. (does not apply to Conceptual PUD applicatlonO
The purpose 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 '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 to function as a complete
development and shall not be reliant on subsequent phases.
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 Application Materials.
A. Conceptual Development Plan.
The contents of a developmenr application for a conceptual developmeut 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 development including a statement of
the objectives m 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 contff~ned in section 25.445.050.
Ordinance No. 35, Series of 1999.
Page 11
B. Final, Consolidated, and Minor Development Plan.
The contents of the development application for a Final, Consolidated Conceptual and Final, and
Minor 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 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 ar?as,
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 erosion control, 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, mad 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.
A. 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
Ordinance No. 35, Series of 1999.
Page 12
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 development plan and PUD agreement by 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 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.
B. 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.
C. PUD Agreement.
1. 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.
2. Common park and recreation areas. The PUD agreement shall outline any agreement on the part
of the applicant, m 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.
3. Landscape guarantee. ~n ~rder to ensure imp~ementati~n and maintenance ~f the ~andscape p~an~
the City Council may require the applicant to provide a guarantee for no less than one hundred
twenty-five percent (125%) of the current estimated cost of the landscaping improvements 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 ora 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 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 percent (10%) which shall be withheld until all
Ordinance No. 35, Series of 1999.
Page 13
proposed improvements axe completed and approved, and an additional twenty-five percent
(25%), shall be retained until the improvements have been maintained in a satisfactory condition
for two (2) years,
4. Public facilities guarantee. In order to ensure installation of necessary public facilities planned to
accommodate the development, the City Council shall reqmre the applicant to provide a
guarantee for no less than one hundred percent (100%) 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 percent (10%) 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 Planned 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 the conditions that may be imposed thereby. The
above referred m 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 ~
) SS:
COUNTY OF PITKIN )
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.
Ordinance No. 35, Series of 1999.
Page 14
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,
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development plan may
be authorized by the Commufflty 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 pubIic facilities.
4. A reduction by greater than three (3) percent of the approved open space.
5. A reduction by greater than one (1) percent 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) percent in the approved gross leasable floor area of
commercial buildings.
8. An increase by greater than one (1) 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.
B. 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 insubstanflal 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 Plaunmg 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 Cotmcil, 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, porftons of the development which have not obtained building permits or are proposed to be
amended, any new community policies or regulations which have been implemented since the
Ordinance No. 35, Series of 1999.
Page 1S
original approval, or changed or changing community cimumstances as they affect the project's
original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review process,
C. Absence of approved final development plan.
In the absence of an approved final development 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.
A. 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.
B. Residents.
All provisions of the development order approving a final developmem 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 in accordance with the terms of the final development
plan. To 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 to act on their behalf,
However, no provisions of the development order shall be implied to exist in favor of residents,
occupants, and owners except those provisrons of the development order which have received
approval.
C. Release by City.
Ail those provisions of the development order approving a final development plan for a PUD
authorized to be enforced 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.
D. Release by residents.
Residents and owners of the PUD may, to the extent and in the manner expressly authorized by
the provisions of the developmenr order, modify, remove or release their rights to enforce the
provisions of the development order, but no such action shall affect the right of the City to
enfome the development order.
E. Enforcement of open space and common area conditions,
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
Ordinance No. 35, Series of 1999.
Page 16
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 m'e not cured within thirty (30) 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 City Council, in
order to preserve the taxable values of properties within the development and to prevent 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 tbe 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 assessments 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 Ci~j may further foreclose
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.
Section 2:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy o£this Ordinance
in the office of the Pitkin County Clerk and Recorder.
Section 3:
This Ordinance shall not affect 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 4:
Ordinance No. 35, Series of 1999.
Page 17
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held
invalid or unconstitutional in 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 5:
A public heating on the Ordinance was held on the 134 day of September, 1999 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notic~ of the same 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 this 23rd day of August, 1999.
Attest:
Kathry-~ ~2 ~i~Ch. C-~ty Clerk ' Racl~el ' rds, Mayo}
FINALLY, adopted, passed and approved this/?/...3 day of
Attest:
Kathry'n S~[h/City Clerk
Approved as to form:
Ordinance No. 35, Series of 1999.
Page 18