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HomeMy WebLinkAboutresolution.council.120-04RESOLUTION NO. 120 (SERIES OF 2004) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE CONCEPTUAL PLANNED UNIT DEVELOPMENT (PUD) FOR THE BURLINGAME RANCH AFFORDABLE HOUSING PROJECT IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 27350-03-100805 WHEREAS, the Aspen City Council, pursuant to Resolution No. 120, Series of 2000, determined Burlingame Ranch PUD (hereinafter the "Project") eligible for the Convenience and Welfare of the Public (COWOP) process for the purpose of developing deed restricted affordable housing; and, WHEREAS, the COWOP land use review process, Section 26.500 of the City of Aspen Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects of significant community interest, when determined necessary by the Aspen City Council according to said Section, to conduct an iterative process considering input from neighbors, property owners, public officials, members of the public, and other parties of interest, and assembling a Burlingame Affordable Housing Task Fome Team, providing recommendations directly to Aspen City Council; and, WHEREAS, the COWOP review process enabled the planning and design of the Project to reflect essential community goals and values, taking into consideration various opinions and expressed points-of-view from neighbors, the land owner, citizens and city staff; and, WHEREAS, the COWOP land use review process does not and has not lessened any public hearing, public noticing, or any critical analysis or scrutiny of the project as would otherwise be required; and, WHEREAS, the Burlingame Affordable Housing COWOP Task Force Team met nine (9) times, at legally noticed public heatings, to identify the site's opportunities and constraints and to develop guidelines for the development of the property. The COWOP Task Force Team forwarded a recommendation to the Aspen City Council who adopted the recommendation through Resolution No. 98, Series of 2003, at a regular meeting; and, WHEREAS, the City of Aspen Asset Management Department conducted a Burlingame Ranch "Design/Build" competition in order to find a capable development team to design and build an exemplary affordable housing development. The d~signs submitted for the competition were publicly displayed at the Pitkin County Library and public comments were taken on the designs at public meetings of the Aspen City Council on October 25 and November 8, 2004. On November 8, 2004, the Aspen City Council chose the proposal submitted by Shaw Builders, LLC, Poss Architecture, and DHM Design (described as "Applicants" herein); and, WHEREAS, the Project meets with the development standards as required by the Aspen Municipal Code as established through the PUD process shown in the "Conceptual Burlingame Ranch Conceptual PUD Reso. No. 12(), Series of 2004 Page 1 Master Plan Submittal" by Shaw/Poss/DHM, dated, September 7, 2004, including the Updates and Addenda documents; and, WHEREAS, the City of Aspen Community Development Director has reviewed the proposed development in consideration of the recommendations of the COWOP Task Force Team, the requirements of the land use code, and comments from applicable referral agencies and has recommended approval of the Conceptual PUD subject to conditions of approval as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Burlingame Ranch COWOP Task Force Team, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public heating; and, WHEREAS, approval of this resolution does not complete the COWOP process, but constitutes another step of the COWOP review process. The next step is the applicant's preparation of a Phase I Final PUD Plan and Conceptual PUD revisions, followed by land use entitlement by the Aspen City Council, required for each phase of development, pursuant to provisions of the Land Use Code, including Section 26.500, Development reasonably necessary for the convenience and welfare of the public; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the Conceptual PUD plan, with conditions, is consistent with the goals and elements of the 2000 Aspen Area Community Plan, especially those goals relating to the development of affordable housing within the Urban Growth Boundary; and, WHEREAS, the Aspen City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Burlingame Ranch development is hereby granted a Conceptual PUD approval, subject to conditions of approval as described herein. Section 1: Approved Conceptual Plan The Burlingame Ranch project (all phases) shall include 236 deed-restricted employee housing units, community buildings, parks and recreational facilities, transportation facilities, and other infrastructure and amenities as described in the Shaw/Poss/DHM Conceptual PUD submittal dated, September 7, 2004, and shown on the Landscape Plan (attached as Exhibit A) and the Phasing Diagram (attached as Exhibit B). Conceptual approval is applicable to all phases with each phase subject to final approval and entitlement .pursuant to the standards and processes of the COWOP land use review process, Section 26.500 of the Municipal Code, and as specified herein. Components of the Conceptual PUD plan that are addressed within this resolution shall be confirmed or amended in conjunction with the Final approval of each phase. Burlingame Ranch Conceptual PUD Reso. No. I~.qSeries of 2004 Page 2 Development features of future phases may be amended by the Aspen City Council, by amending this resolution, or in conjunction with final approvals for each particular phase. Section 2: Process for Gaining Final Approvals for Each Phase The Final review and entitlement for each phase shall be subject to the COWOP land use review process pursuant to Land Use Code Section 26.500, Development reasonably necessary for the convenience and welfare of the public. This step shall consist ora review of the Final development plan for each phase by Aspen City Council and shall incorporate all requh'ed land use approvals necessary for the particular phase, such as GMQS Exemption, Subdivision, re×oning, and other necessary land use actions to gain entitlement for the particular phase of the project. Final entitlement for each phase shall be by Ordinance. The entire project, and all phases thereof, shall remain active as a COWOP land use review until determined concluded by the Aspen City Council. City Council may stager the conclusion of the COWOP review on a phase-by-phase basis. Once the COWOP review is concluded for a particular phase, amendments to development within the phase shall be subject to the processes and standards of the Land Use Code unless other provisions are established as applicable. The Applicant for each phase shall submit application materials, as listed below, for all required land use actions to gain full entitlement of each phase of the development, including a draft Subdivision plat and PUD plans along with agreements meeting the land use code requirements established in Sections 26.480 - Subdivision, 26.445 Planned Unit Development, 26.470 Growth Management (exemption), and other Sections and Chapters of the Land Use Code as applicable. A pre-application conference with the Community Development Department shall be required prior to submission of a land use application for entitling each phase. · Draft Subdivision Plat and PUD Plans · Draft PUD/SIA Agreement · Architectural Character Plans · Detailed Private and Public Utility Plans · Detailed Phasing Plan · Detailed Parking Plan · Detailed Landscaping Plan · Detailed Street Lighting Plan and Exterior Lighting Plan for Multi- family Buildings · Detailed Trails and Recreation Plan · Detailed Vegetation Restoration Plan · PM-10 Mitigation Plan · Draft Transportation Plan · Draft Accessibility Plan (site only, not building interiors) · Draft Homeowner's Association Documents and initial budget Each of the above submission components shall be reviewed by the applicable referral agencies prior to submitting for final PUD approval. Burlingame Ranch Conceptual PUD Reso. No./'70, Series of 2004 Page 3 The necessary land use reviews and the application materials and criteria of the reviews are subject to change. Applicants of future phases of Burlingame Ranch shall submit final applications pursuant to the submittal requirements in place at the time of the final application. Section 3: Approved Conceptual Proiect Dimensions The Final PUD submittal for each phase shall be substantially consistent with the following conceptual PUD dimensional requirements. (These requirements are subject to modification between conceptual approval and final application due to expected refinements of each particular phase or changes requested by the Aspen City Council.) (4 0,4 9 SF) 32 feet Front: 5 ft (10 fl. for lots), Side: 5 ft. (zero on 10 feet 50 foot width and 3,500 sq. fl. s~e for lots 10 feet 1.5 Parking Spaces per Unit, 356 total All of the phase's dimensional standards for each parcel shall be identified in the Final PUD submittal for such phase. Amendments to the dimensional standards for the overall conceptual development plan shall require an amendment to the Conceptual Plan approval and may be done in conjunction with Final approval for a particular phase or as a separate action. Section 4: Phasing The Final PUD application for each phase shall be substantially consistent with the following phasing plan: Phase I of the development shall consist of 97 deed-restricted residential units, the community center, parks, basic utility infrastructure including access roads within Phase I, and trails as specified in Section 21 of this resolution. Phase II and Phase Iii shall be restudied as to the timing of each phase (possibly flip-flopping the phases) and/or redesigning to minimize impacts to Deer Hill at the development's entrance at Harmony Road and at the far north end. Phase II is proposed to consist of 92 deed-restricted residential units, and Phase III is proposed to consist of 47 deed-restricted residential units but are subject to change by the Aspen City Council. Section 5: Landscape Plan The Final PUD submittal for each phase shall include a detailed landscaping plan that includes the number, type, quality, and location of plant material acceptable to the City Parks Department. The plan shall implement the principles of xeriscape landscaping. Sufficient mitigation shall be provided, in a form acceptable to the City Parks Department, to offset the removal of existing trees on the site. Bttrlingame Ranch Conceptual PUD Reso. No. L2!2, Series of 2004 Page 4 The Final PUD submittal shall include provisions guaranteeing the successful implementation of the landscape plan and ongoing maintenance of landscape. The Final PUD submittal shall also include provisions for initial establishment of improvements and ongoing maintenance of the landscape and pedestrian ways as general common elements. The area designated as the community orchard shall not contain fruit bearing trees due to maintenance and wildlife concerns and shall be restudied for alternative landscape design. The applicants should consult with the Parks Department regarding the redesign of this area. The landscape plan for Phase I shall better address the transition from the natural landscape to the man-made landscape to ensure that the edges blend with and take advantage of the natural setting. Section 6: Parks The Applicant shall submit a plan for maintenance of parks, public open areas, community forest, and drainage swales within the development for the life of the development as part of the Final PUD application for each phase. Additionally, the Applicant shall submit a detailed restoration plan at the time of Final PUD submission that includes provisions for temporary irrigation of reclaimed native vegetation areas within the development and utilizes non-potable water for irrigation purposes. Section 7: Water Department Services and Planning A separate water meter and billing account is required for each residential unit. The Final PUD submittal for each phase shall include a detail of proposed fire hydrant locations within the development. All requirements of the Water Department shall be complied with. The applicants shall work with the Water Department in planning for a water reclamation system that would utilize treated wastewater for the purposes of irrigation. Section 8: Sanitar~ Sewer and Aspen Consolidated Sanitation District (ACSD) The "living machine" wastewater treatment system shall be omitted from the Conceptual PUD plan and the land area committed to this function shall be redesigned. The conceptual sanitary sewer design does not meet the engineering design criteria of the Aspen Consolidated Sanitation District, and therefore, will not become part of the ACSD system network. The applicants shall investigate redesigning the sanitation system to meet ACSD standards in order to allow for full operation and management by ACSD. Should ACSD not accept the sanitary system, special provisions for the on-going maintenance and operation of the sanitation system serving the development shall be included within the HOA documents, including costs. Section 9:PM10 Mitigation and Transportation Options Plan (TOP) The Applicant shall submit a PM-10 mitigation plan for review as part of the Final PUD application for each phase that is substantially consistent with the mitigation measures proposed in the conceptual development plan. The Applicant shall study whether monies proposed for passenger van and bike fleet acquisition would be better spent on other air quality mitigation measures. Burlingame Ranch Conceptual PUD Reso. No. L~g?, Series of 2004 Page 5 Development within Buflingame Ranch shall meet the requirements established in Municipal Code Section 13.08.070, Fireplaces and Woodstoves. Section 10: Expandability The Conceptual PUD plan notes that some units have expansion potential. The Final PUD submittal for each phase shall provide a detailed plan for expandability of the units including at a minimum; the maximum density within the development, the maximum allowable FAR for each single-family, duplex and multi-family buildings within the development; and the procedure for expansion requests to a unit. The Final PUD submittal shall also provide proposed setback requirements and an explanation as to what is to be allowed within the setbacks to be established at Final PUD review. Section 11: Residential Architecture and Design Standards As part of the Final PUD submittal for Phase I, the Applicants shall provide architectural illustrations and descriptions for all structures within the development in order to ensure a development-wide character. Such submittal shall include detailed residential design parameters, including material and color palette. The applicants shall indicate the process for how these standards will be applied to all structures to be constructed independently and in future phases of the development. The City of Aspen Residential Design Standards set forth in Land Use Code Section 26.410 shall not apply to this development. Section 12: Streets and Sidewalks The Applicant shall consult with the City Engineer, the Roaring Fork Transit Agency (RFTA), the Aspen Fire District, the City Transportation Department, and the City Streets Department to determine the appropriate required width of streets and sidewalks within the development prior to Final PUD application submittal. The Aspen City Council finds that a twenty-two (22) foot wide street pavement in a street/shoulder/swale or a street/curb/gutter configuration are acceptable in the development as found to be appropriate by the Engineering Dept. The Final PUD application shall include a detailed plan establishing responsibility for installing and maintaining sidewalks, trails and related storm water management facilities. The Final PUD application shall include roads of sufficient width and turning radius to allow for full access, including buses and fire trucks, to turn around and maneuver throughout the development and within Phase I as a stand alone development plan. Section 13: Snow Storage The Final PUD submittal for each phase shall include identification of sufficient snow storage areas to accommodate 100% of the snow storage required by the development on the site. Snow-storage areas shall be designed to filter run-off prior to discharge into the storm drainage system. Section 14: Accessory Dwelling Units All individual single-family lots may be eligible to construct ADU's that meet the requirements for ADU's established in the City of Aspen Land Use Code Section 26.520, Accessory Dwelling Units. Burlingame Ranch Conceptual PUD Reso. No.I 2_0, Series of 2004 Page 6 Section 15: Exterior Liehtine The Final PUD submittal for each phase shall include an outdoor lighting plan and exterior lighting fixture specifications for all of the multi-family buildings that demonstrate compliance with the City of Aspen Lighting ordinance at the time of Final PUD submission pursuant to and meeting the requirements of Land Use Code Section 26.575.150, Outdoor Lighting. Section 16: Street Li~,htin~ The Final PUD submittal for each phase shall include the locations, types, and numbers of street lighting fixtures to be installed within the development and identify who will be responsible for installation. Phase I street lighting is acceptable as shown in the conceptual plan submittal with lights located at key road intersections and at major community-oriented locations such as the community center and transit stops. Conduit for future street lighting shall be set in place in conjunction with Phase I infrastructure. Section 17: Bus Service The Final PUD submittal for Phase I shall include a draft transportation plan as noted in Section 2 of this resolution. This plan shall specify transportation services and facilities for all phases with a detailed plan for Phase I. All bus capital, service and operations shall meet with the approval of the Transportation Options Program through the Assistant City Manager. Additionally, all transit stops proposed within the development must meet RFTA's construction specifications. Section 18: Parking The Final PUD submittal for each phase shall include a detailed parking plan that shows location, number, reservation of use, plan for future expandability of parking and dimensions of parking spaces. The Applicant shall study the possibility of removing the on-street parking proposed in the conceptual plan and replacing it elsewhere within the development in the Final PUD submittal. Overflow guest parking and parking management techniques shall be analyzed and proposed in the Final PUD plan in order to minimize on-street parking. Section 19: Mail Delivery Stations The Final PUD submittal for Phase I shall include a plan indicating the location of mail receptacles for Phase I and a letter from the Aspen Postmaster approving the location of mail receptacles within the development for both Phase I and later phases. Section 20: Private Utilities The Final PUD submittal for Phase I shall include letters from applicable private utility companies (i.e. cable, Holy Cross Electric, Kinder Morgan, etc.) stating that they have the capacity to serve the proposed development of Phase I and later phases. Such documentation shall also show responsibilities for installation and maintenance. Section 21: Trails The Applicant shall install a public pedestrian trail meeting the Parks Department's requirements for width and materials that runs along the top of the Roaring Fork bluff and Burlingame Ranch Conceptual PUD Reso. No./5)0, Series of 2004 Page 7 back toward the entrance of the development. Such trail shall terminate at a point that would connect with the proposed AABC trail at the north point of the property. An adequately sized easement shall be dedicated to the City of Aspen within which the public trail will be located. This trail shall be installed in conjunction with Phase I of the development and shall meet accessibility requirements. Section 22: Park Area/Recreational Amenities The Applicant shall evaluate the options for additional and/or more variety of recreational amenities in conjunction with, or in addition to, the proposed park areas and redesign the site plan as necessary. Section 23: "Efficient Building" The Final PUD submittal for each phase shall be substantially consistent with the "efficient building" performance itemization as specified in the Conceptual PUD application. Section 24: Anticipated HOA Dues and Responsibilities The Final PUD submittal for each phase shall include a detailed plan specifying what duties, or additional duties for later phases, the Homeowner's Association will be responsible for and projected monthly Homeowner Association dues, or changes to the dues structure. The HOA documents for Phase I shall permit the integration of future phases into the HOA, or an alternate process/structure that permits future phases to assimilate with existing development. Section 25: Developer Responsibilities The Final PUD submittal for each phase shall include a detailed plan for what the Applicant believes the developer's responsibilities should be for the particular phase. The plan shall define, at a minimum, who is responsible for installing and maintaining roads, sidewalks, trails, parks, and main utilities to and within the development and sequential time requirements for completion of these improvements. The Applicant shall be required to set up the Homeowner's Association (or amend an existing HOA accordingly) and finalize the bylaws for the Homeowner's Association prior to being relieved of responsibilities related to the development of each phase. Section 26: School Land Dedication Fee The Final Subdivision/PUD application for each phase shall include a calculation of school land dedication fees for review. A proportional amount of the school land dedication fees shall be due at the time of building permit issuance for each of the units within the development. (This assumes each phase will require multiple building permits.) Section 27: Park Development Impact Fee Park Development Impact fees for the development shall be waived, including those fees for both category and RO units. Section 28: Impact and Development Fees Park Development and School Land Dedication standards are subject to change and additional impact or other development fees may become applicable. Each phase, or subset Burlingame Ranch Conceptual PUD Reso. No. IZO, Series of 2004 Page 8 thereof, shall be responsible for impact and development fees in effect at the time of building permit submission. Section 29: Fire Safety Mitigation All buildings within the development shall include fire sprinkler and alarm systems meeting the requirements of the Aspen Fire Marshal. Section 30: Childcare Facilities The area designated for the child care facility within the Community Center, shall meet the State of Colorado licensing requirements and shall comply with Land use Code Section 26.575.080, Child care center. In addition, Final PUD plan shall address fencing, required outdoor play space and its grading, access (walkrway and vehicular), adequate bathroom and kitchen facilities for childcare operations and after school programming. Section 31: Vending Machine Kiosk The Applicant shall submit more detail on the vending machine kiosk as part of the Final PUD submittal for Phase I. Specifically, the Applicant shall address food safety requirements, stocking and inspection details. Section 32: Coordination with Bar/X The Applicant shall coordinate with the Bar/X developer to ensure utility coordination, compatible land use, parking, storm water management between the two neighboring developments. Section 33: Live-Work Units The Final PUD submittal for each phase shall eliminate live-work units and include a revised residential scenario in its place. Section 34: External Recycling Facilities The Final PUD submittal for each phase shall investigate the need for additional trash enclosures and recycling facilities within the development, including Phase I, in order to create a disincentive for individual solid waste pick-up and increase the capture rate of recyclables. Section 35: In consideration of the phased aspect of this project, City Council hereby exempts from the limitations of Conceptual Development Plan approval, specified in Section 26.445.030.D, this conceptual development plan. No prescribed limit or timeframe on submitting a final development plan for the project, or phases thereof, shall apply. Section 36: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, as presented in public heating or documentation before the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Burlingame Ranch Conceptual PUD Reso. No./2D, Series of 2004 Page 9 Section 37: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 38: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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 thereofi Section 39: That the City Clerk is directed, upon the adoption of this resolution, to record a copy of this resolution and exhibits in the office of the Pitkin County Clerk and Recorder. Section 40: All approvals contained within this resolution shall be subject to the successful annexation of the subject property into the City of Aspen. All approvals conta'med herein shall be null and void should annexation not occur. Section 41: A duly-noticed public heating on this resolution was held on the 22nd day of November, 2004, at 5:00 p.m. in the Council Chambers of Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 22nd day of November, 2004. Attest: Kathryn S. Koclb, City Clerk Approved as to form: ~'i~orce~e~, ~ity Aitorney Exhibit A - Illustrative/Landscape Plan Exhibit B - Phasing Diagram Burlingame Ranch Conceptual PUD Reso. No. IZO Series of 2004 Page 10