HomeMy WebLinkAboutordinance.council.006-05 Page: 1 of 19
08/19/2005 08:425
$ILVIA DAVIS PITKIN COUNTY CO R 96.00 D 0.00
ORDINANCE NO. 6
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A FINAL PLANNED UNIT DEVELOPMENT,
SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION,
SPECIALLY PLANNED AREA, AMENDMENTS TO THE OFFICIAL ZONING
MAP AND VESTED RIGHTS FOR THE STAGE ROAD SUBDIVISION/PUD,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-023-00-006
WHEREAS, the Aspen City Council, pursuant to Resolution No. 120, Series of
2000, determined that the Stage Road Subdivision/PUD (hereinafter the "Project") coupled
with the Burlingame Ranch Affordable Housing proposal, was eligible for the Convenience
and Welfare of the Public (COWOP) process for the purpose of developing free market
housing in conjunction with deed restricted affordable housing and preserving conservation
lands; 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
o fprojects 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 Force 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 heahngs, some of which were focused on the
identification of the site's opportunities and constraints and to evaluate the development
proposal for the Project 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 Community Development Department received an application
entitled, Stage Road PUD/Subdivision, Final Submission, revised 9/28/04, from Bar/X
Ranch LLC (Applicant), represented by John Lifton, requesting approval of a Final Planned
Unit Development (PUD), Subdivision (SUB), Growth Management Quota System (GMQS)
Exemption, Specially Planned Area (SPA), Vested Rights and Amendments to the Official
Zoning Map to develop the Stage Road PUD/Subdivision; and,
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 1
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SILVIA D~IVIS PITKIN COUNTY CO R 9s.ee O e.ee
WHEREAS, the application submitted for the Stage Road PUD/Subdivision
proposes development of 18 lots with various zoning and development allowance as follows:
· twelve (12) free market units,
· twelve (12) accessory dwelling units associated with the 12 free market,
· one (1) Resident Occupied (RO) Ranch Manager's dwelling unit,
· one (1) flee market cabin lot,
· one (1) fisherperson's tract,
- · one (1) ranch residences lot along with approval to increase the size of the
four (4) existing structures,
· creation of a twenty-one and one half (21.5) acre lot for affordable housing,
· creation of a two (2) acre lot for future cultural uses to be zoned Public
(PUB) and Specially Planned Area (SPA),
· areas of land to be zoned Conservation (C) and Affordable Housing/PUD
(AH/PUD) and Specially Planned Areas (SPA), and
· the development of private roads, utilities, and related improvements.
WHEREAS, the COWOP process pursuant to provisions within Section 26.500,
Development reasonably necessary for the convenience and welfare of the public will
continue to apply to the subject property and further amendments or entitlements to the
Project that warrant land use action by the City of Aspen will be handled as noted in Section
22 of this ordinance; and,
WHEREAS, the Community Development Department received referral comments
from the Aspen Consolidated Sanitation District, City Engineering, Building Department,
Fire District, Streets Department, the Aspen/Pitkin County Housing Authority,
Environmental Health Department, Parks and Recreation 'Department, and the Water
Department; and,
WHEREAS, the Community Development Department along with said referral
agencies reviewed the components of the final land use application of the Project and
recommended approval with conditions; and,
WHEREAS, pursuant to Land Use Code Section 26.310, Amendment to the Official
Zone District Map, Section 26.445, Final Planned Unit Development, Section 26.470,
Growth Management Quota System Exemptions, and Section 26.480, Subdivision, and the
related sections associated with the land use actions for this application, City Council may
grant approval of the development request after considering a recommendation from the
Community Development Director, the COWOP Task Force Team, and after considering
public comment at a duly noticed public hearing; and,
WHEREAS, the Applicant and City have previously entered into a Pre-annexation
Agreement, executed on May 21, 2001 for the Applicant's property known as the Bar/X
Ranch; and a First Amendment to Pre-Annexation Agreement dated December 17, 2001; a
Second Amendment to Pre-Annexation Agreement executed by the City on February 19,
2003; a Restated and Amended Pre-Annexation Agreement, dated January 16, 2004; and a
Fourth Amended and Restated Pre-Annexation Agreement, dated December 6, 2004,
(collectively, the "Prior Agreements"); and,
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 2
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SILVID DRVIS PITKIN COUNTY CO R ss.ee D e.ee
WHEREAS, the Aspen City Council has reviewed and considered the application
according to the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
COWOP Task Force Team, and has taken and considered public comment at a duly noticed
public heating; and,
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable standards of the land use code of the City of Aspen Municipal Code
and that the approval of the proposal is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Stage Road Subdivsion/PUD as generally described below
and mom specifically described in further sections of this ordinance. · twelve (12) free market residential lots,
· twelve (12) accessory dwelling units associated with the 12 free market lots,
· one (1) Resident Occupied (RO) Ranch Manager's residential lot,
· one (1) free market cabin lot F-2,
· a fisherperson's tract
· approval to increase the size of the four (4) existing structures, on lot F-1
· a twenty-five and one half (21.5) acre lot for affordable housing,
· a two (2) acre lot for future cultural uses to be zoned Public (PUB),
· rezoning of land areas to Conservation (C), Affordable Housing/PUD
(AH/PUD) and Specially Planned Areas (SPA), and
· the development of private roads, utilities, and related improvements.
Section 1: Subdivision Plat & Final PUD Plans.
Within 180 days after final approval by City Council and prior to applying for a Building
Permit on any of the structures within the subdivision, the Applicant shall record a
Subdivision Plat and a Final PUD Development Plan.
The Subdivision/PUD Plat shall comply with the following requirements relating to plat form
and content of the City Community Development Engineer and shall include:
1. The final property boundaries, disposition of lands, and utility and surface easements.
2. Reference to the access easement and any trail easements from adjoining property owners.
3. The areas reserved for future underground general utility easements to be granted to the
City for the placement of the utilities. Once the exact locations of utilities are known,
easements shall be granted to the dimensions/limitations as follows:
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 3
08/19/2005 08:42~
$ILVI~q DAVIS PITKIN COUNTY CO R 96,00 O 0.00
· -twenty five-feet (25) in width (12.5 feet on either side of the centerline of the
utility),
· -thirty feet (30) in width (15 feet on either side of the centerline of the utility)
if a water line crosses slopes in excess of 15% or if the depth of bury is more
than 10 feet deep,
· -areas reserved on the final plat for these easements which are larger than
these widths shall be vacated,
· -the easement for utilities necessary to serve the free market and affordable
housing development shall be shown on the final plat and shall extend through
Lot 1 southerly to the Highway 82 right of way; and in the northerly direction,
(along Stage Road and to the west of the building envelopes of Lots 10-12) to
the north side of Lot 12 all the way to the boundary of the "20 acre parcel",
and
· -any residential landscaping materials installed within the utility easements are
subject to removal and/or damage caused by necessary repair or replacement
of utilities by utility providers. Restoration is at the landowner's expense.
4. The location of utility pedestals with access easements for the utility provider.
5. The Applicant shall provide the final approved subdivision line data or survey description
data describing the revised street and parcel boundaries to the Geographic Information
Systems Department prior to applying for building permits on any of the lots within the
subdivision. The final building location data, including any amendments, shall be provided
to the GIS Department prior to issuance cfa Certificate of Occupancy.
The Final PUD Plans shall include the following information as it relates to the plan approved
through this ordinance:
1. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. Approved project dimensions shall be printed on the final illustrative plan.
2. A landscape plan showing location, amount, and species of landscape improvements with
irrigation plan.
3. A utility plan meeting the technical standards of the city engineer and city utility agencies.
4. A grading/drainage plan for infi'astmcture for the development, but not for residences on
the individual lots, including an erosion control plan, prepared by a Colorado licensed civil
engineer, which maintains sediment and debris on-site during and after construction. If a
ground recharge system is required, a soil percolation report will be required to correctly size
the facility. A 5-year storm frequency should be used in designing any drainage
improvements. Off-site improvement shall be done in coordination with the City Engineer.
5. The following dimensional requirements of the PUD are approved and shall be printed on
the Final Illustrative Plan. In addition the right to construct 40,000 sq. fi. of non-residential
agricultural buildings on Lot F 1 is approved and on the final plan a note to this effect shall be
included.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 4
Jmmary of lots and allowable square footages of construction
Lots Lot Area Residential Units FAR (Sq. Ft.
ii Free i ADU ! Free i withone iwithtwoi ADU
LotName Sq. Ft. i Acres Marketi (#1) i RO Marketj TDR ! TDRs =: (#1) i RO
i to be determined by
20 Acre Parcel 940,367i 21.58~ City of Aspen to be determined by City of Aspen
Fathering Parcel i i ~ i
F'I 1,526,783i 35.050 4 i4(#2)'~ 15,000~, 16,500 18,000 4,000
Fathering Parcel i i
F2 729,208i~ 16.740 1 i 1,500 ~
Loti 107,693i 2.472 1 i 1 i 7,500 10,000 1,000
Lot2 93,494i 2.146 1 ) 1 7,500i 10,000 i !:1,000
Lot3 258,761i 5.940 1 ; 1 ' 7,500i 10,000 i 1,000 i
Lot4 413,495i 9.493 I i I 7,500i 10,000 i ~ 1,000
Lot 5 420,050i 9.643 1 i ~ ~
~ 1 i 7,500 i 10,000 1,000
Lot6 666,897i 15.31C 1 == 1 7,500 10,000 i : 1,000
Lot 7 155,641i 3.575 1 i i
i 1 i 7,500i 10,000 ~ 1,000
Lot8 141 810i 3.251 1 i I :~ 7,500 10,000 1,000 i
Lot9 170,863i 3.922 1 i 1 , 7,500! 10,000 1,000
3t10 213,087i 4.892 1 1 i 7,500 10,000 i i 1,000
Lot11 240,499i 5.521 I i I 7,500I 10,000 i 1,000
Lot12 183,462!i 4.212 1 j 1 ! 7,500 10,000 ~ ! 1,000 ::
Ranch Manager's ~! i~ ~ :~ ~: ~! 3,400
LotRM 7,774i 0.178 ' 1 , ' (#3)
Cultural Use i to be determined in
Area: Lot C 87,158i 2.001 future PUD to be determined in future PUD
Fisherpersons : .. ~
Tract 2,928i 0.067
Total 6,359,971 146.005 17 12 I
Average overall units per acre
density: 0.15 minimum; 0.25 units per acre maximum
acres per unit
6.80 minimum 4.08acres per unit maximum
(Calculation does not include 20 Acre Parcel, Cultural Use Area or Fisherpersons
Tract.)
Notes
#1 Maximum number possible. ADUs may be between 600 and 1,000 sq.ft.
#2 One ADU for each residential unit redeveloped over 4,000 sq.ft.
~'3 Maximum 3,000 sq.ft, of residential space plus maximum 400 sq.ft, of office
pace.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 5
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$ILVIR DAVIS PITKIN COUNTY CO R 96,00 D 0.00
Two (2) parking spaces for each single-family
Minimum Off-Street Parking Spaces residence and one space for each ADU.
Setbacks for Ranch Manager Lot 15 feet on south, east, west sides, 5 feet on north.
25 feet, measured to the highest point of the
Height for Ranch Manager Lot structure
Minimum Front Yard Setback Per Approved Building Envelopes on final plat
Minimum Side Yard Setback Per Approved Building Envelopes on final plat
Minimum Rear Yard Per Approved Building Envelopes on final plat
30 feet. measured from existing grade to the
Maximum Height. highest point of the structure
Section 2: Subdivision/PUD Agreement.
Within 180 days after final approval by City Council and prior to applying for Building
Permit on any of the structures within the Subdivision, the Applicant shall record a
Subdivision/PUD Agreement binding this property to this development approval. The
Agreement shall include the items detailed in Section 26.445.070 and Section 26.480.070, in
addition to the following:
1. The ownership and maintenance responsibilities ofthe common areas ofthe project.
2. A phasing plan, ifapplicable, for the construction ofroads and infrastructure serving
the development.
3. A statement binding the applicant and homeowners association to take over
maintenance responsibilities associated with Stage Road at the time an
Access/Infrastructure permit is issued for the installation of the subdivision
infrastructure and/or road improvements, whichever comes first.
4. A statement binding the applicant and homeowners association to enforce the "no
dog" provisions of the homeowner's covenants and restrictions.
Section 3: Building Permit/Access Infrastructure Permit Requirements.
The building permit applications shall include/depict items 1-10 as. follows: 1. A signed copy of the final ordinance.
2. The conditions of approval shall be printed on the cover page ofeach building permit
set applied for within the development.
3. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. Tree removal permit applications shall be accompanied by a detailed
landscape plan indicating which trees are to be removed and new plantings proposed
on the site.
4. A drainage plan, including an erosion control plan, prepared by a Colorado licensed
Civil Engineer, which maintains sediment and debris on-site during and after
construction. Ifa ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 5-year storm frequency should be used in
designing any drainage improvements.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 6
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SILVIA DAVIS AITK[N COUNTY CO g 96.00 D 0.00
5. A fire sprinkler system plan showing that all residences are sprinklemd with a system
that meets with the requirements of the Fire Marshal.
6. A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, asmeeded cleaning of adjacent rights-of-way, speed limits within and
accessing the construction sites within the subdivision, and the ability to request
additional measures to prevent a nuisance during construction.
7. A construction site management and parking plan meeting the specifications of the
City Building Department.
8. Prior to issuance ofbuilding permit £or each ofthe residences within the subdivision:
The primar.¢ contractor on each lot shall submit a letter to the Community
Development Director stating that all conditions of approval have been read and
understood. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is
finalized, those fees shall be payable according to the agreement.
9. Plans that show how the development of individual Lots 7 through 11 are in
conformance with the View Lines as shown on Sheet 6 of the PUD plans.
10. An Access/Infrastructure Permit is required for road, utility and infrastructure
improvements. Prior to the issuance of an Access/Infrastructure Permit by the
Community Development Engineer, the applicant shall submit the required
information as shown on the permit application checklist form supplied by
Community Development Department and a Construction Management Plan (CMP)
acceptable to the Community Development Engineer. No building permit will be
issued by the City of Aspen for a certain lot until the roads and infrastructure serving
the subject lot are completed.
Section 4: Rezoning to Affordable Housing/Planned Unit Development (AH/PUD),
Public (PUB)~ Specially Planned Area (SPA) and Conservation (C).
The Official Zone District Map of the City of Aspen shall be, upon thc recording of thc
Subdivision plat and Final PUD Plans, amended by the Community Development Director to
reflect thc zone districts and areas as shown in the application as Stage Road Subdivision
Zoning Map, revision date 9/7/04 and 1/24/05 (attached as Exhibit A), to be specifically
shown and described on the final PUD plans. Thc future site-specific development plan for
the Cultural Use Area - Lot C, including uses and any restrictions or conditions concerning
them, shall be determined and established in a subsequent PUD and SPA review.
Section 5: Development Approved.
l. Approved Lots. The development approves a total of eighteen (18) total lots. There
are 14 free market lots that include 12 separate lots for single family/ADU development; the
Fathering Parcel "Lot F 1" with 4 existing residential units; and the other piece of Fathering
Parcel "Lot F2" for one cabin near Maroon Creek.
The additional four (4) lots are a Ranch Manager's RO lot for 1 residential unit, a 2 acre
cultural use lot, a fisherperson tract and a 21.5 acre parcel for affordable housing
development. This affordable housing parcel shall be conveyed by warranty deed by the
Applicant to the City of Aspen promptly after the later of (1) the recording of a subdivision
plat; or (2) expiration of the Appeal Period defined in Paragraph 20 of the Fourth Amended
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 7
and Restated Pre-Annexation Agreement, dated December 6, 2004. Such conveyance shall
be designated for the affordable housing component of this 70/30% AH/PUD development
project and will be developed by the City of Aspen. The fisherperson tract shall also be
conveyed to the City of Aspen.
2. Free Market Lots - FAR. The allowable floor area of houses, exclusive of accessory
buildings, on each of the 12 free market lots (Lots 1-12) shall be 7,500 square feet. The
allowable floor area of each house may be increased to 10,000 square feet with the purchase
and extinguishment of one Transferable Development Right ("TDR") as such TDR's are
established under the Pitkin County Land Use Code, from sending sites located within the
upper portion of the Roaring Fork Valley (lands that drain through the Roaring Fork River at
Gerbazdale) and said TDR shall allow for 2,500 square feet of additional allowable floor
area. Such TDR shall be administered by the Community Development Director to ensure
compliance with this section. The floor area shall be measured by using the City floor area
regulations for square footage inclusions and exclusions as calculated under the City code
provisions in existence on June 1, 2000.
Instead of providing a TDR for additional floor area, the owner of the lot seeking additional
floor area shall have the right to make a payment in the amount of $240,000.00 plus an
annualized increase in said amount of 3% computed thereon beginning on the first
anniversary of the date of recording the Plat. If such fee in lieu is selected by said owner, it
shall be made to the City's Housing or Open Space Fund. The choice of which fund is at the
sole discretion of the City Council. The 12 Free Market Lots shall be zoned AH/PUD.
3. ' Free Market Lots - Building Envelopes, Landscaping, etc. Building envelopes for the
free market lots shall be those shown on the Composite Plan sheet of the Final PUD Plans.
Insubstantial amendments to the building envelopes will be reviewed and approved
administratively by the Community Development Department. Those not qualified for
administrative handling shall be evaluated pursuant to the City of Aspen Land Use Code
standards and reviewed by the City Council. Landscaping associated with houses shall be
limited to within 100 feet of building exteriors. Landscaping, ponds, fences, and ranch,
farming, equestrian and recreational uses and accessory structures associated with equestrian
activities shall be allowed outside of building envelopes on all lots. The remainder of the
land within specific lots, but outside of building envelopes shall be subject to protective
covenants that limit its use to agricultural, equestrian, recreation, or open space uses or
otherwise incorporated into ranch use. All lands that are subject to the protective covenants
shall be limited to the above uses Or shall be required to remain in their natural vegetative
state. The term "natural vegetative state" may include the introduction of indigenous plant
and tree species as approved by the Community Development Department.
4. Accessory Dwelling Units. Each of the Free Market residences approved heroin shall
include an Accessory Dwelling Unit (ADU) with a minimum of 600 square feet and a
maximum of 1,000 square feet. Each ADU required to be constructed shall be constructed at
the same time as the construction of the Free Market residence to which it is attributable. The
ADU's shall be subject to the occupancy requirements and allowances of the City's ADU
regulations in effect on June 1,2000. The square footage of the ADU's shall not be included
in the calculation of square footage for the free market units. The ADU's may be either
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 8
attached to the main residence or may be detached. The requirement to build an ADU may be
exempted with the purchase and extinguishment of a Transferable Development Right (TDR)
from Pitkin County or by a payment in-lieu thereof in the same manner as for additional floor
area for free market units as set forth in Subsection 2 above. (Each purchase and
extinguishment of a TDR shall be designated for use as either an exemption of the
requirement to build an ADU or to increase FAR.) No ADU is required for the cabin, but the
residences on the Fathering Parcel shall have one for each residence if the residence is
developed to over 4,000 sq. ft. or exempted by the purchase of a TDR or by a cash in lieu
payment as set forth in Subsection 2 above.
5. The Fathering Parcel. The Fathering Parcel generally refers to Lots F1 and F2. Lot
F 1 shown on the Composite Plan sheet in the application is currently developed with four (4)
residential units and agricultural buildings. Through this ordinance, Lot F is approved to be
subdivided into separate parcels:
· One lot (Fl) for general residential Ranch Complex uses that can be
redeveloped with a total maximum number of four (4) residential units and
the floor area expansions as provided for in this ordinance and the allowance
of floor area of up to 40,000 square feet for non-residential agricultural
buildings.
· one lot (F2) for the Cabin Site that can be developed with one cabin and
includes conservation land. (The cabin is addressed in Subsection 6, below.),
· one lot (RM) for the Ranch Manager's RO residence, and
· one lot (C) for the Cultural Use Area.
No further subdivision is allowed of these parcels except for the possible internal subdivision
of land within the Lot C, Cultural Use Area, with proper amendments approved, and for the
possible condominiumization of the residences located on Lot Fl.
The allowable floor area for the four (4) residences on the Fathering Parcel shall be a total of
15,000 square feet shared among the residences. The floor area of 15,000 square feet may be
increased to a total of 18,000 square feet with the purchase and extinguishment of TDR's
from Pitkin County. Only two (2) TDRs may be used each allowing 1500 square feet of
additional allowable floor area, or at the option of the lot owner, a payment-in-lieu for each
TDR (as provided for in Subsection 2 above) in order to increase the allowable sizes of the
houses up to the maximum stated herein. The total FAR may be divided among the four (4)
houses at the option of the owner of Lot Fl. Floor areas shall be measured by using the City
floor area regulations for square footage inclusions and exclusions as of June 1, 2000.
Agricultural (non-residential) ranch buildings that exist on property are allowed to increase
and/or be replaced to a maximum square footage of 40,000 sq. ft. in the aggregate. Such
agricultural buildings are approved and allowed to expand or be replaced to this limit by
obtaining a building permit. These buildings shall be measured and used for Agricultural
Uses, defined as follows:
Agricultural Uses: The use of land and buildings for the production of
crops, animals, animal products, and the keeping of livestock including
riding stables, arenas, orchards, nurseries, flower production, dairy
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 9
operations, fisheries, animal husbandry services, or similar uses.
Agricultural uses shall not receive the general public or support a
membership or academic club.
Conservation (C) zoning is applied to this parcel with a Specially Planned Area overlay to
allow for the continued residential use and expansion in this zone district. SPA Plan approval
for Lot F1 is specifically granted hereby for the development allowed and described in the
preceding paragraphs.
The City acknowledges and agrees that the rights granted hereby for development on the
Fathering Parcel are exempt from the City's GMQS due to the extent of the lawful pre-
existing development and residential uses on the Bar/X Ranch, which has "grandfathered"
legal status under current Pitkin County Zoning and pursuant to the provisions of the
AH/PUD Zone. Notwithstanding the above, if any existing residential unit on the Fathering
Parcel is replaced with a new unit that exceeds 4,000 square feet in area, then, as described in
Subsection 4 above, an ADU shall be either constructed or be exempted by the purchase and
extinguishment ofa TDR from Pitkin County or by the cash in lieu payment as provided in
Subsection 2 above, in the same manner as for other free market units.
6. The Cabin. The Cabin proposed for the Cabin Site of Lot F2 shall have a maximum
allowable floor area of 1,500 square feet. The floor area shall be measured by using the City
floor area regulations for square footage inclusions and exclusions as of June 1, 2000. The
right to build a cabin shall be subject to Applicant being able to satisfy reasonable
requirements for the provision of fire and emergency services; provided, however that due to
the desire to avoid direct, year round, road access to the cabin, alternative access such as via
a stairway or funicular will be permitted and in such case the cabin shall be sprinklered, a fire
hydrant, hoses and other non-vehicular fire fighting equipment shall be placed at or near the
cabin and the Applicant shall execute a waiver and release of claims in favor of the City and
all emergency service providers for any injuries, death, or property damage which may occur
due to the absence of a year round road to the cabin.
7. The Cabin - Additional Restrictions. Stream Margin review is not required at this
time because the cabin as shown is located more than 100 feet back from the mean high
water line. The site of the cabin shall be subject to Sec. 26.435.040 of the City of Aspen Land
Use Code or any other provisions of said Code related to aesthetics, wildlife migration
corridors, trail development, river impacts and other similar matters and where necessary,
approved by the Planning and Zoning Commission pursuant to the above referenced section.
The Applicant understands that construction of the cabin may cause unreasonable
disturbance to wildlife during certain times of the year. The lot containing the cabin shall be
burdened with restrictive covenants that (i) if approved by the Fire Marshall, prohibit the
construction of a future access road to the cabin site; (ii) limit lighting of the cabin to periods
of time when it is occupied; (iii) prohibit dogs on the cabin site at all times; and (iv) limit
exterior construction to the months of July through September of each year. Following the
construction of the cabin, the Applicant shall be responsible for the complete restoration of
any construction access roads or utility access easements required during construction.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 10
8. Ranch Manager's RO Lot. The Ranch Managers (RM) lot is approved as a residential
lot, zoned AH/PUD, for a single Resident Occupied Unit. The building envelope is
established in the final PUD plan and may have a maximum floor area of 3,400 square feet.
The maximum height is restricted to 25 feet and 15-foot setbacks are required on all sides
except the north side is set at 5 feet. This lot shall remain the property of the Applicant,
except if sold to the Ranch Manager, and shall have the right to connect to (1) the
Burlingame Ranch AH project public road system, and (2) adjoining Burlingame Ranch AH
project utilities. The Applicant shall have the right to use this lot in a manner allowed by the
City of Aspen Municipal Code and the Aspen/Pitkin County Affordable Housing Guidelines,
including retaining or disposing of title provided that the lot is occupied by an employee
engaged for employment on the Bar/X Ranch. Before the recordation of the final Plat,
Applicant shall prepare for the City Attorney's review, a deed restriction consistent with this
paragraph to be recorded for this RO unit. Said RO unit shall not be counted towards the
proposed number of units of the affordable housing component of the project. The cost of
building the RO unit shall be borne entirely by the Applicant or the Ranch Manger, including
the cost of any utility lines such as water, electric, cable, etc. taken from a point where these
utilities are installed by the City to serve the Burlingame Ranch AH development.
9. Cultural Use Lot. The Cultural Use (C) lot is approved as a separate two (2) acre lot,
zoned Public (PUB), and is intended to provide for a cultural/educational multi-use complex
under the general uses of the PUB zone district. The lot also is zoned with a Specially
Planned Area (SPA) overlay so that land uses shall be specifically established along with a
site-specific development plan. No site-specific development plan for this lot is approved
through this ordinance. All of the land uses, design and dimensional requirements shall be
established through a PUD Amendment and a Specially Planned Area approval to the Stage
Road Subdivision/PUD. Such amendment of the PUD and SPA review shall be handled by
the City Council as a continuation of the COWOP designation of the property. The Cultural
Use lot is approved for Agricultural Uses as defined in subsection 5, above, until such time
as other uses are proposed and approved. There shall be no reliance by the Applicant that
any use other than agricultural uses shall ever be approved by the City Council.
Section 6: Residential Design Standards.
The Design Guidelines of the Stage Road Subdivision/PUD shall apply to and guide all
residential development, except for the Cultural Use Lot which shall be determined in
conjunction with a PUD amendment process. The City of Aspen Residential Design
Standards set forth in Land Use Code Section 26.410 shall not apply to this development.
Such guidelines shall be recorded with the Final Subdivision/PUD Agreement.
Section 7: Maroon Creek Viewplane.
Construction on the free market lots shall not impact the "Maroon Creek Viewplane" as
depicted on Sheet 6 of the Final PUD Plan. The purpose of the Maroon Creek Viewplane
is to ensure that no rooms, decks, or lighting create an adverse visual impact as viewed
from the floor of the Maroon Creek Canyon and to a height of six (6) feet above such
floor in the area below each home site. The General Declaration of Covenants,
Conditions and Restrictions to be imposed upon the free market lots shall include a
covenant restriction requiring, prior to construction on any such lot, a site specific
analysis by a certified surveyor or engineer demonstrating that the proposed construction
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 11
does not impact the Maroon Creek Viewplane as established on Sheet 6 of the Final PUD
Plan. The City of Aspen and the owner of Lot 3 of the Harvey Subdivision or the future
holder of a conservation easement on Lot 3 if such easement is granted in the future shall
be the beneficiary of this covenant.
Section 8: Gates and Fencing.
No gates are allowed at the entrance to or within the Stage Road Subdivision/PUD.
All fencing in or surrounding the free market lots shall be of a design, type and material that
is approved by the Colorado Division of Wildlife as consistent with ranch operations and
which does not unreasonably impede the movement of wildlife. The following design
parameters are approved.
· The top wire of the fence will not be barbed and will not exceed 42" above
ground level.
· The bottom wire of the fence will not be barbed and will not be less than 16"
above ground level.
· Intermediate wires may be barbed but will not be closer than 8" to the top and
bottom wires.
· Bar/X Ranch will be allowed a period of 3 years to conform all fences to this
design.
Although the pre-annexation agreement allows for the installation of different fencing along
Stage Road and along the boundary with the Burlingame Ranch AH project, the Applicants
shall initially install the same fencing defined above, and shall only alter it if trespassing
becomes a problem. Such change may be approved administratively by the Community
Development Director
Section 9: Access~ Circulation and Streets.
All roads and driveways must meet the minimum standards, including accommodation of
turning movements of fire trucks of the Aspen Fire District to allow for emergency access to
all lots. Road widths are approved as proposed in the Bar/X Ranch Engineering Plan, C-4.2;
however, a minimum of two (2) foot wide shoulders are required on Stage Road (which may
be road-based sloped shoulders that are meant to structurally stabilize the traveled road
surface and not to widen the traveled road surface itself.). Special provisions for access to the
cabin are explained in Section 5, Subsections 6 and 7.
The City of Aspen will be responsible for maintaining Stage Road prior to the road
maintenance responsibility being shifted to the Stage Road Homeowner's Association. Stage
Road will be vacated in compliance with 43-2-301, et. Seq., C.R.S. and the Applicant shall
provide permanent non-exclusive easements to the adjoining properties presently owned by
Connie Harvey and David Belford ("Adjoining Properties"). Upon and after takeover of
Stage Road by the Association, the standard and quality of maintenance (including
maintaining the Road Oyl surface) shall be that normally enjoyed by the citizens of the City
of Aspen for public streets bearing equivalent traffic and shall meet with the approval of the
City of Aspen Street Department. The City of Aspen shall act as a liaison for the Adjoining
Properties to ensure that the obligations of the Association are promptly and properly
performed. If the Association shall fail to perform its obligations with respect to Stage Road,
the City of Aspen shall perform those obligations and shall have a cause of action against the
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 12
lo3
Association for the cost thereof, costs of collection and reasonable attomey fees. Until such
time as the Applicant shall mm control of the Association over to the members/lot owners,
the Applicant shall guarantee the Association's obligations for road maintenance.
The Stage Road Subdivision Homeowners Association shall bear the cost of all future road
maintenance and repair even with any increase in the number of dwellings on the Adjoining
Properties from the number that exist on May 21, 2001, without any requirement of
reimbursement from the owners thereof or the City of Aspen. The Applicants shall amend
the associated covenants, agreements and documents for the PUD such that the owners, at
any time, of the Adjoining Properties, their agents, invitees, guests, service personnel and
grantees shall have permanent unobstructed access to those properties via Stage Road with
no cost to such owners for maintenance, repair or improvement of Stage Road. The owners
of the Adjoining Properties shall be direct beneficiaries of those documents as to the rights
and benefits thereof conferred upon them with the right to specifically enfome the provisions
thereof and such status shall be acknowledged therein. The provisions contained therein
relating to the rights and benefits conferred thereby for the benefit of the Adjoining
Properties shall not be amended or rescinded without the written consent of the owners of the
Adjoining Properties.
Section 10: Water Department Standards.
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25,
and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. The Applicant shall work with the Water Department to establish water line
locations and necessary easements to allow for efficient and compatible line locations and
easements in conjunction with the Burlingame Ranch AH development. In the event of any
inconsistency with said standards and the terms of the Water Service Agreement attached as
an exhibit to the Fourth Amended and Restated Pre-Annexation Agreement, dated December
6, 2004, the terms of the Water Service Agreement shall control.
Section 11: Sanitation District Standards.
The Applicant shall work with the Aspen Consolidated Sanitation District to establish sewer
line locations and necessary easements to allow for efficient and compatible line locations
and easements in conjunction with the Burlingame Ranch AH development. The Applicant
shall comply with the following Aspen Consolidated Sanitation District rules and
regulations.
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. All clear water connections are prohibited, i.e. ground water, (roof, foundation,
perimeter, patio drains), including entrances to underground parking garages.
3. On-site drainage plans require approval by the district, must accommodate ACSD
service requirements and comply with ACSD rules, regulations and specifications.
4. On-site sanitary sewer utility plans require approval by ACSD.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 13
Oil and Sand separators are required for public vehicle parking garages.
Containment areas will be required for the hydraulic lift facility and generator fuel
tanks.
6. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
7. Plans for interceptorS, separators and containment facilities require submittal by the
Applicant and approval prior to building permit.
When new service lines are required for existing development the old service line
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
Generally one tap is allowed for each building. Shared service line agreements may
be required where more than one unit is served by a single service line, as in the case
of an ADU.
10. Permanent improvements are prohibited in areas covered by sewer easements or right
of ways to the lot line of each development.
1 h All ACSD total connection fees must be paid prior to the issuance of a building
permit.
12. Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint. Additional proportionate fees would be
collected over time from all development in the area of concern in order to fund the
improvements needed.
Section 12: Fire Department.
Sprinkler and fire alarms are required in all of the buildings. The sprinkler and alarm
designer should meet with the Fire Marshall before starting design. Adequate water volume
and pressure for the sprinklers will need to be shown.
Section 13: Trees and Landscapinll.
For landscaped areas that are common in nature or part of the infrastructure of the
development, seed mixes and specific landscaping features must be specified on the
Landscape Sheet of the Final PUD Plans. These plans must meet with the approval of the
Parks Department.
The Applicant shall install tree saving construction fences around the drip line of any trees to
be saved such that no excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Parks
Department must be contacted to inspect this fence before any construction activities
commence.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 14
At the time of building permit application for each lot, the Applicant shall provide detailed
landscape plans (including seed mixes), restoration plans, and erosion control plans, that
meet with the approval of the Parks Department.
Section 14: Transportation Management/PM 10 Mitigation.
The Applicants shall only utilize a suitable road surface dust suppressant to be used during
construction and over time as found acceptable to the Environmental Health and Streets
Departments. The Applicant has agreed to provide cash in lieu in an amount comparable to
the originally proposed shuttle van. The amount of such payment shall be $20,000 for
transportation management strategies to be implemented by the City of Aspen, due at the
time of issuance of the Access/Infrastructure Permit.
Section 15: Vested Rights.
The land use approvals and GMQS allotments received by the Applicant shall vest for a
period of twenty-five (25) years or such longer time as may be allowed under any applicable
law, regulation or court decision. The vested rights shall last for a period of 25 years afier
the date the final PUD and subdivision plat is recorded. Such vesting shall apply to all the
rights and entitlements set forth in the Fourth Amended and Restated Pre-Annexation
Agreement, dated December 6, 2004, or a Final Annexation Agreement if any, between the
City of Aspen and Bar/X Ranch, and the final development order for the Stage Road
Subdivision/PUD.
Section 16: Further Subdivision.
The Stage Road Subdivision/PUD, shall be deed restricted in perpetuity against any further
subdivision, except that this restr/ction shall not limit the condominiumization of the
residences located on Lot F1 upon filing of the required condominium plat, an amendment to
the development plan which results in residential density that is equal to or less than the
density approved through this ordinance for the final development plan, and the possible
internal subdivision of land within the Lot C, Cultural Use Area, with proper amendments
approved.
Section 17: School Land Dedication Fees.
School Land Dedication Fees shall be assessed based on one-third the value of the
unimproved land within the Stage Road Subdivision/PUD valued as of September 22, 2004,
divided by the proposed fourteen (14) new residential lots (12 free market lots, one cabin site
(Lot F2) and one Ranch Manger's RO lot) on a per acre basis according to the Land
Dedication Standard of Section 26.630.030 of the City of Aspen Land Use Code. The
calculation shall not include units within the proposed affordable housing parcel (the 20-acm
parcel) commonly refen'ed to as the Burlingame Ranch AH project. The calculation shall not
include and fees shall not be required for the four (4) existing residential units on Lot F1 of
the Fathering Parcel at this time or at the time of expansion as allowed through this
ordinance. Notwithstanding the foregoing, the valuation for the parcel containing the cabin
site may be based upon a valuation that takes into account the conservation easement on the
land upon which it is located which is a requirement of the subdivision approval of the Stage
Road Subdivision/PUD.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 15
The City of Aspen shall verify the unimproved land value of the lands underlying the Project
from information provided by the Applicant and information from the Pitkin County
Assessor. The subject subdivision is not conducive to locating a school facility and a cash-in-
lieu payment shall be accepted. A schedule specifying the school impact fees shall be
included in the Subdivision Improvement Agreement, or a subsequent amendment thereto.
The project shall not be subject to amendments to impact fees required by the City of Aspen,
including new impact fees or amendment to existing impact fees, during the period of vested
rights. Substantial amendments to the project that increase impacts that relate to impact fee
categories shall require a new calculation of impact fees.
Impact fees commensurate with each residential unit shall be payable upon issuance of a
building permit for such residential unit and paid by the applicant for said building permit.
Section 18: Park Development Impact Fees.
Park Development Impact Fees shall be assessed at the time of building permit issuance
based on the current code in place at the time.
Section 19: Noise.
The Applicant shall abide by all noise ordinances. Construction activity is limited to the
hours between 7 a.m. and 7 p.m. Monday through Saturday.
Section 20: Li~htine.
All exterior lighting shall meet or be more restrictive than the City of Aspen Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended from
time to time. The provisions regarding lighting contained within the Stage Road Design
Guidelines shall be enforced by the homeowner's association.
Section 21: Annexation.
All approvals contained within this ordinance shall be subject to the successful annexation of
the subject property into the City of Aspen. All approvals contained herein shall be null and
void should annexation not occur.
Section 22: Amendment Process for COWOP Project
The Stage Road Subdivision/PUD is a COWOP project, and as such, amendments to the
PUD Development Order and all approvals associated with the PUD and contained within
this ordinance shall be handled in a manner consistent with the COWOP process, except as
otherwise noted in this ordinance and specifically as noted in Section 5, paragraph 7.
Insubstantial amendments to a Stage Road Subdivision/PUD development order may be
authorized by the Community Development Director.
Other amendments found by the Community Development Director to not be insubstantial
may be approved by the City Council pursuant to Convenience and Welfare of the Public,
Section 26.500.050 E. At the discretion of City Council, a COWOP team may be convened
to consider the amendment and provide advice to City Council pursuant to 26.500.050 D.
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 16
Section 23:
Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate
substantial compliance with the representations and drawings made and presented during the
project review.
Section 24:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing, in the
application or documentation presented before the Community Development Department or
the Aspen City Council, are hereby incorporated in such plan development approvals and the
same shall be complied with as if fully set forth herein, unless amended by other specific
conditions.
Section 25:
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 26:
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 27:
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 28:
A public hearing on the Ordinance shall be held on the 14th day of February, 2005, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice 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 the 24th day of January, 2005.
Attest:
Kathryn .S~Koc-h' City Clerk
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 '17
FINALLY, adopted, passed and approved this 14th day of February, 2005.
Attest:
I~athryn S~-K~, City Clerk
Approved as to form:
City~torney- -
Exhibit A - Zoning Map for the Stage Road Sub/PUD property
UN co R 96.00 D 0.00
MyDocs/BarSlashXSubPUD/Feb 14Ordinance21 .doc
Stage Road Subdivision/PUD
Ordinance No. 6, Series of 2005 '18