HomeMy WebLinkAboutordinance.council.024-05ORDINANCE NO. 24
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR 97
AFFORDABLE HOUSING UNITS (PHASE I), GMQS EXEMPTION FOR
AFFORDABLE HOUSING (AH), GMQS EXEMPTION FOR ACCESSORY USES
IN MIXED USE DEVELOPMENT, SUBDIVISION, SUBDIVISION EXEMPTION
FOR CONDOMINIUMIZATION, SPECIAL REVIEW FOR AH PARKING,
REZONING TO AH/PUD, CONDITIONAL USE, VESTED RIGHTS AND
APPROVING THE REVISED CONCEPTUAL PLAN FOR ALL PHASES OF 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
process of the Convenience and Welfare of the Public (COWOP) for the l~urpose 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 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 Project is of higher quality as a result of the Burlingame
Affordable Housing COWOP Task Force Team review process and its thoughtful and
interactive discussions, than may have otherwise resulted if the project had not been
reviewed as a COWOP application; and whereas, the COWOP land use review process
does not and has not lessened any public heating, 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 hearings, 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
BurIingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page I
Page: 7. ot~ 4
NOTICE OF APPROVAL
For An Insubstantial Amendment to the
Burlingame Ranch Affordable Housing Planned Unit Development,
An Amendment to Ordinance No. 24, Series of 2005
Parcel ID No. 27350-03-100805
APPLICANT:
Shaw Builders, LLC, Poss Architecture and DHM Design
REPRESENTATIVE: Stephen C.R. Holley, AIA, Poss Architecture
SUBJECT OF
AMMENDMENT:
Burlingame Ranch Affordable Housing PUD, Ordinance
No. 24, Series of 2005
SUMMARY:
On behalf of Shaw Builders, LLC, Poss Architecture and DHM Design, (agents for the
owners, City of Aspen,) Stephen C.R. Holley, A.I.A, has applied for an Insubstantial
Amendment to the Burlingame Ranch Affordable Housing PUD, Ordinance No. 24,
Series of 2005.
The Applicant proposes an amendment to change the required submittal time of the "Unit
Expandability Plan" for Burlingame Ranch PUD from the time of signing of the PUD
Plan and Subdivision Plat to the time of submittal of the Condominiumization Plats.
STAFF EVALUATION:
In order to amend a specific provision of the ordinance that approved the PUD originally,
a PUD Amendment must be approved. Staff supports the proposed amendment because it
is minor in nature and a technical change to the development plan submittal times
necessitated by the actual and more realistic steps in determining the specific areas for
unit expansion. Such expansion areas can not be determined by an architect until
construction drawings are developed for all of the units, which usually follows plat
recordation. Staff finds that the proposed amendment meets the criteria for an
insubstantial amendment pursuant to section 26.445.100 of the City of Aspen Land Use
Code.
DECISION:
The Community Development Director finds the Insubstantial Planned U:~it
Development Amendment to be consistent with the review criteria (Exhibit A) and
thereby, APPROVES the amendment as specified below.
The approved amendment to the Burlingame Ranch Affordable Housing PUD,
allows for a change to Ordinance No. 24, Series of 2005, Section 9, Expandability of
Units. The amendment requires the Unit Expandabilit~ Plan to be submitted at the
time of submittal of the condomiuiumization plat instead of at the time of signing of
the Final PUD Plans and Subdivision Plat. Such plan shall identif~ each unit
number that may be expanded; the maximum square footage of floor area allowed
for expansion per unit as measured by the Cit~ of Aspen Land Use Code; and a
depiction of the 3-dimensional areas subject to potential expansion per unit. The
Unit Expansion Plan (including the units numbers, square footage and 3-D areas)
shall be shown on the condominium plat sheet. The unit numbers and allowed
square footage of the expansion shall also be recorded as an addendum to the Home
Owner's Association documents along with the following statement, "The expansion
of these units will be at the cost of the unit owner but will be considered as a capital
improvement factored into the prices of the unit for resale purposes pursuant to
Aspen Pitkin Count~ Housing Authorit~ Guidelines and policies. All expansions
require building permits. The expansion of any unit shall not effect the unit's
designation in the affordable housing inventor~ or category, such that if another
bedroom has been added into a two-bedroom unit, it remains in the inventor~ as a
two-bedroom unit."
APPROVED BY:
Community Development Director
Date
Attachments:
Exhibit A - Review Criteria
Exhibit B - Letter of Request from Poss Architecture, dated ~r~, 2005
EXHIBIT A
Insubstantial PUD Amendment Checklist
26. 445.100 Review Criteria
All insubstantial PUD Amendments shall meet the following criteria, pursuant to Section
26.445.100, Amendment to PUD Development Order:
The proposed amendment does not change the use or character of the development.
The proposed amendment does not increase by greater than three (3) percent the
overall coverage of structures on the land.
The proposed amendment does not substantially increases trip generation rates of
the proposed development, or the demand for public facilities.
The proposed amendment does not decrease the approved open space by greater than
three (3) percent.
The proposed amendment does not reduce the off street parking and loading space by
greater than one (1) percent.
The proposed amendment does not reduce required pavement widths or rights-of-
way for streets and easements.
The proposed amendment does not increase the approved gross leasable floor area of
commercial building by greater than two (2) percent.
The proposed amendment does not increase the approved residential density of the
development by greater than one (1) percent.
The proposed amendment will not enact a 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.
pOSS ARCHI[ECTURE + PLANNING
SILVIA DAVIS PITKIN COUNTY ~0 R 21,00 O 0.0010:~
August 8, 2005
Joyce Ailgaier
City of Aspen, Community Development Department
Aspen, Colorado 81611
Re: Burlingame Ranch Affordable Housing
Dear Joyce,
On behalf of our client, The City of Aspen, we request that the language regarding the expandability
matrix in Ordinance No. 24 (Series of 2005) be modified as follows:
Section 9: Ex~andability of Units
A maximum of sixty4ix (66) units of the eighty-six (86) muki-family units within Phase I are eligible for vertical
expansion. At the time of submittal of the condominiumization plat each specific unit shall be identified as to
its expansion capability, its expansion footprint and its maximum allowable floor area for expansion. The
expansion of these units will be at the cost of the unit owner but will be considered as a capital improvement
into the price of the unit for resale purposes. All expansions require building permits. The expansion of any
unit shall not affect the unit's designation in the affordable housing inventory or category, such that if another
bedroom has been added into a two-bedroom unit, it remains in the inventory as a two-bedroom unit.
If you have any questions, please do not hesitate to contact us.
Sincerely,
Bill Poss and Associates Architecture and Planning, P.C.
By~.~t. "
Project Manager
AUG 0 9 2005
BUll_DING D PARTMI:NT
team to design and build an exemplary affordable housing development. The designs
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. This group serves as agents for the owners, the City of Aspen, in this
development proposal and together these two entities are referred to as the "Applicants";
and,
WHEREAS, on November 22, 2004, the City Council granted, through
Ordinance No. 120, Series of 2004, conceptual approval with conditions to a three-phase
development plan as proposed by the applicants in the "Conceptual Master Plan
Submittal", dated after September 7, 2004, after finding that the Project met with the
development standards as required by the Aspen Municipal Code; and,
WHEREAS, the applicants have proceeded to gain approvals and land use
entitlements for Phase I of the Project by submitting a final development plan application
entitled, "Burlingame Ranch Affordable Housing", dated February 14, 2005. Such
application addressed the application requirements and applicable review standards of the
Aspen Municipal Code; and,
WHEREAS, the City of Aspen Commtmity Development Director has reviewed
the proposed development in consideration of the recommendations of the COWOP Task
Force Team, the conditions of the conceptual approval, the requirements of the land use
code, and comments from applicable referral agencies and has recommended approval of
the Final PUD subject to conditions of approval as described herein; and,
WFIEREAS, the Pitkin County Board of Commissioners and the Aspen/Pitkin
County Housing Authority conducted meetings to discuss the development project and
provided input and recommendations to the City of Aspen; 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 hearing; and,
WHEREAS, approval of this ordinance does not complete the COWOP process,
but constitutes another step of the COWOP review process. Furore steps may include
applications for Final PUD Plan of Phases II and HI of the development and/or Conceptual
PUD revisions, followed by land use entitlement by the Aspen City Council, pursuant to
provisions of the Municipal 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 Final PUD plan
for Phase I, 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 the preservation of open space; and,
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 2
VOtEREAS, the Aspen City Council finds that this ordinance furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1: Amended Conceptual Plan Approved
The Burlingame Ranch project (all phases) may include up to 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 revised
through the Final PUD (Phase I) Submittal dated, February 14, 2005 and including
revisions to address any conditions of approval. 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. Page L-l, Phasing Plan, of the Final PUD submittal shall
be updated to reflect the final PUD approval of Phase I and shall be retitled to, "Revised
Conceptual Master Plan & Phasing Plan".
Components of the Conceptual PUD plan shall be confirmed or amended in conjunction
with the final approval of each phase. Development features of future phases may be
amended by the Aspen City Council, in conjunction with final approvals for each
particular phase.
In consideration of the phased aspect of the entire project, City Council hereby exempts
the development from the limitations of Conceptual Development Plan approval as
specified in Section 26.445.030.D of the Land Use Code. No prescribed limit or
timeframe for submitting a final development plan for the project, or phases thereof, shall
apply.
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 of a
review of the final development plan for each phase by the Aspen City Council and shall
incorporate all required land use approvals necessary for the particular phase, such as
GMQS Exemption, Subdivision, Condominiumization, etc. 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 Burlingame Ranch Affordable Housing project,t including Phase I, shall remain
active as a COWOP land use review until determined concluded by the Aspen City Council.
City Council may stagger 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.
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 3
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.
· Subdivision Plat and PUD Plans
· 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/Transportation Plan
· Accessibility Plan (site only, not building interiors)
· 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. A pre-application conference with
the Community Development Department is required prior to submission of a land use
application for entitling each phase.
The required land use reviews and the application materials and criteria of future 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: Phase I Final PUD Plan Approved
The Burlingame Ranch Affordable Housing development is hereby granted a development
order for a site specific development plan as described in the Shaw/Poss/DHM Phase I Final
PUD/Subdivision Development Plans, dated 2/14/05 and granted all necessary land use
approvals including Final PUD, Rezoning of the subject property to the Affordable
Housing PUD (AH/PUD) Zone District, Subdivision, Subdivision Exemption for
Condominiumization, Growth Management Quota System (GMQS) Exemption for
Affordable Housing, GMQS Exemption for Accessory Uses in Mixed Use Development,
Special Review for AH Parking, Conditional Use, and Vested Rights, subject to conditions
of approval as described herein.
Section 4: Rezoning
The Official Zone District Map of the City of Aspen shall be, upon filing of the
Subdivision plats and Final PUD Plans associated with the Project, amended by the
Community Development Director to reflect the following property as included in the
Affordable Housing/PUD (AH/PUD) Zone District on all portions of said land:
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 4
Lot 2A of the Exemption Plat, Burlingame Village
Lot 2 of the Final Subdivision Plat of Pamel 2, Park Trust Exemption
Section 5: Phase I Approved Final Proiect Dimensions
Phase I dimensional standards are identified below:
97 Deed-Restricted Units
14 1-bedroom
31 2-bedroom
52 3+ bedrooms
(expandability will effect bedroom count)
56% for total subject area
55% for individual lots
.32:1 (169,957 SF)
.35:1 (187,669 SF w/possible expansions)
144,738 for multi-family buildings
5,570 SF for commons building
3,061 SF for transit stops
24,200 SF for single family homes on lots
(numbers show maximum with expandability)
34 feet for multi-family and community
buildings
25 feet for single family lot buildings
As represented on the Final PUD Plans
10 feet front, 5 feet side, 10 feet rear
32 foot width and 3,000 sq. ft. size for lots
10 feet for single family lots buildings
21 feet for multi-family buildings
20 feet between multi-family and transit
buildings
1.67:1 Parking Spaces per Unit, 162 total
Section 6: Phasing
Phase I of the Burlingame Ranch Affordable Housing development shall consist of 97
deed-mstficted residential units, the commons building, parks, trash/recycling facilities,
three transit stops, trails, and basic utility infrastructure including access roads to serve
Phase I. Phase I will be developed as a whole in terms of infrastructure and the readiness
of lots for development as multi-family structures and lots for single-family development.
Phase II and Phase iii may be developed in the future in accordance with Section 2,
above.
Section 7: Parking
Phase I parking ratio is 1.67:1. Three (3) spaces shall be reserved and designated for car-
sham program uses. All parking spaces shall meet the minimum dimensional
requirements as stipulated within the City of Aspen Land Use Code.
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 5
Section 8: Affordable Housing and Accessory Dwelling Units (ADUs)
The 97 housing units in Burlingame Ranch Phase I shall bc 100% affordable housing
units. As this project relates to thc Stage Road PUD/Subdivision, thc number of
affordable housing units within the Burlingame Ranch Affordable Housing development
meets thc 70% to 30% ratio requirement for affordable housing bedrooms to frcc market
housing bedrooms as required in the AH/PUD Zone District. Specifically, thc bedroom
count for thc Stage Road PUD/Subdivision is sixty (60) bedrooms, which requires that
one hundred forty (140) affordable housing bedrooms bc provided. Thc Phase I bedroom
count for the Burlingamc Ranch AH project is 232, exceeding the one hundred forty
(140) bedrooms to meet the AH/PUD zoning. Thc provision of affordable housing at
Burlingamc Ranch is in conformance with thc 4th Amended and Restated Pre-Annexation
Agreement between thc City of Aspen and Bar/X Ranch, allowing for thc development of
thc Stage Road PUD/Subdivision approved through Ordinance No. 6, 2005.
The determination of the specific maximum income Categories of the Aspen/Pitkin
County Housing Guidelines shall be finalized prior to Certificate of Occupancy by the
City Council after recommendation from the Housing Board. Designation of categories
shall take into consideration unit size, type, cost and other factors that establish value and
affordability. The general goal for the categories of Phase I of the development is as
shown below, but final designations of categories may deviate from this schedule at the
discretion of the City Council.
Cat. l&2 Cat. 3&4 Cat. 5&6 Cat. 7 & R.O. Totals
Up
1Br 8 2 4 0 0 14
(1 bath)
2 Br 5 13 12 1 0 31
(1 bath)
3 Br 0 15 19 7 0 41
(2 bath)
Lots 0 0 2 3 6 11
(3.5 baths)
Totals 13 30 37 11 6 97
Six of the eleven (11) single-family lots are designated as Resident Occupied with a
maximum sales price to be established by the City Council.
Accessory Dwelling Units are not allowed within the Project.
Section 9: Expandability of Units
A maximum of sixty-six (66) units of the eighty-six (86) multi-family units within Phase !
are eligible for vertical expansion. Prior to the signing of the Final PUD Plans and
Subdivision Plat, the specific units designated for expansion shall be identified and
maximum allowable floor area of expandability per unit shown. This information shall also
be included in the SIA/PUD Agreement and in the Homeowners Documents. The
expansion of these units will be at the cost of the unit owner but will be considered as a
capital improvement into the price of the unit for resale proposes. All expansions require
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 6
building permits. The expansion of any unit shall not affect the unit's designation in the
affordable housing inventory or category, such that if another bedroom has been added into
a two-bedroom unit, it remains in the inventory as a two-bedroom unit.
Section 10: ConditionalUse
The Park and Open Use Recreation Sites, Transit Facilities and Child Care Center are
hereby approved uses in accordance with the approved PUD plan specifications for size,
location and architecture. Conditional use approval is necessary for these uses in the
AI-FPUD Zone District.
The Child Care Center shall gain a final Conditional Use approval from the City Council
prior to the occupancy of the commons building for this use. The operational
characteristics and potential impacts of the use shall be evaluated and approved separately
with conditions, if necessary, in accordance with the conditional use review criteria. The
child care facility shall meet the State of Colorado licensing requirements and shall comply
with Land use Code Section 26.575.080, Child care center. In addition Conditional Use
Application plans shall address fencing, required outdoor play space and its grading, access
(walkway and vehicular), adequate bathroom and kitchen facilities for childcare operations
and after school programming.
Section 11: Architectural Character and Residential Design Guidelines:
Reliance is placed on the architectural standards and illustrations contained within the Final
PUD Plan submittal as establishing a cohesive architectural vernacular for the development.
The development shall be in general compliance with the "Architectural Character"
drawings contained in pages A-101-Alll in the application. The Burlingame Ranch
Affordable Housing Design Guidelines shall apply to and govern all residential design. The
City of Aspen Residential Design Standards set forth in Land Use Code Section 26.410
shall not apply to this development. The Residential Design Guidelines shall not be
amended without the approval of the City Council. Such guidelines are a component of the
application and are herein incorporated into this ordinance by reference and shall be
recorded with the Final PUD plans. Prior to recordation, the Guidelines shall be amended to
state the building heights for multi-family (34 feet) and single-family dwellings (25 feet)
and specify how height is measured.
Section 12: Condominiumization
Condominiumization of the development is hereby approved by the City of Aspen subject
to recordation of a condominiumization plat in compliance with the current plat
requirements in place at the time of filing. Each plat for condominiumization shall be
submitted to the Community Development Department for evaluation and approval by the
Community Development Engineer prior to recordation. The cost of recordation shall be
borne by the applicant. Recordation is required prior to the transfer of ownership of the
condominium.
Section 13: Homeowner's Responsibilities
The Final Homeowner's documents shall ensure that the maintenance and operations of
the following components oft,he development are the responsibility of the HOA.
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 7
· Storm water facilities, including drainage ponds, outside of the public right
of way;
· Irrigation system;
· Parking courts and private and public sidewalks;
· Landscape area maintenance (where the City of Aspen is not responsible)
and weed management;
· Bluff Trail;
Agreement for common water line leading into multifamily; and
· Common open space, play areas and park areas.
The HOA document shall also 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. The documents shall also address the mechanism
for integrating future phases into the HOA.
Section 14: Roads
The roads contained within the development shall be dedicated as public right of way and
are approved as to general design and dimensions contained within the Final PUD Plan
submittal and must meet with the technical standards of the City Engineering Department.
The roads will be public and will be available for all public purposes including, but not
limited to, those associated with the provision of utilities, maintenance, transportation,
pedestrian, recreation and emergency services. The City of Aspen reserves the right, for
itself and the utility districts and companies serving the development, to use the roadways
and parking areas to provide services. In addition, Mining Stock Parkway may be used by
the City of Aspen and service providers in a dual directional way for official business on
the one-way road. Roads will be maintained by the City of Aspen.
Section 15: Landscape Plan
The Final PUD Landscape plan shall specify the areas for stockpiling of soil outside of
the limits of Phase I, as being those in the northwest and southwest comers of the
intersection of Mining Stock Parkway and Range Road. The plan shall also show the
grading and reseeding plan for the stockpiled soil that meets with the approval of the City
of Aspen Parks Department. Final Landscape plans shall include details and standards for
seeding, mulching of seeded areas, soil replacement and depth, and soil type.
As addressed on Page L-8 #15 of the PUD plans, protection of off-site vegetation shall be
designed and installed to City of Aspen standards. A native vegetation protection fencing
system shall be installed at the edge of the construction limits. This fencing shall consist
of a type of barrier fencing. Beyond this barrier fencing shall be silt fencing installed to
standards. No excavation, storage of materials, storage of construction backfill, and
storage of equipment, or vehicle traffic is allowed outside of this protection fencing. The
fence is required to be erected and inspected prior to any construction activity on the
property. As addressed on Page L-8, #18 of the PUD plans, the seed detail shall include
the covering of the seeded area with certified weed free straw and meet this standard as
follows: City of Aspen Seeding Requirements
I. Soil Preparation, top soil 6" deep
2. Hand broadcast seed, this is the preferred method of seeding
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 8
3. Rake into area
4. Fertilize area (Boise is recommended)
5. Mulch with weed free straw
Changes to the seeding protocol may be approved by the City of Aspen Parks
Department.
Detailed landscape maintenance guidelines for the Homeowner's Association and future
property management personnel shall be developed and recorded prior to the sale of any
unit.
Section 16: Irrigation
The source of irrigation waters for Burlingame Ranch shall be from ditch water rights ~-
associated with the property and/or domestic sources. The irrigation plans of the PUD
plan shall be revised to show additional detail including head spacing, main line locations
and secondary line locations. This plan shall include and show temporary irrigation for
the native restoration of the disturbed areas and open space areas. The developer shall
provide an as-built drawing to the Parks Department showing the irrigation system for the
parks areas.
Section 17: Water Department Services
The follow items shall be shown on final plans.
1. Final fee schedule for the development,
2. Grading plan for Forge Road,
3. Utility plans for sewer crossings must show depth of greater than seven feet so
that there is no conflict with water,
4. Service line locations,
5. Trust blocks,
6. Additional in-line control valves with distances no further than 500 feet apart,
7. Pressure reducer valve vault, and
8. Service line locations on pages, K1, D1, C1, G2 & K2 need reevaluation by
applicant and possible relocation.
A separate water meter and billing account is required for each residential unit. The Final
PUD submittal 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 18: Sanitary Sewer and Aspen Consolidated Sanitation District (ACSD)
The following items shall be shown on final plans. 1. Final depths of sewer lines and width of easements shall be approved by the
ACSD prior to plat and PUD plan recordation.
2. Other Sanitation District Requirements:
· Service is contingent upon compliance with the District's rules,
regulations, and specifications, which are on file at the District office.
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 9
· ACSD will review the approved drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to
the sanitary sewer system.
· On-site utility plans require approval by ACSD
· Below grade development may require installation of a pumping system.
· 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.
· Permanent built improvements are prohibited in sewer easements or right
of ways. The HOA documents shall include a provision that puts the
owners on notice that any private or HOA landscaping that is placed
within an ACSD or other utility easement is subject to damage or removal
by utility providers in the course of installation, repair or replacement at
the owner's expense and loss.
· All ACSD fees must be paid prior to the issuance of a building permit.
Section 19: Environmental Health
New residential buildings are limited to two gas log fireplaces and unlimited numbers
decorative gas fireplace appliances per building. The applicant must file a fireplace permit
with the Building Department before a building permit will be issued. New homes may not
have wood burning fireplaces, nor may any heating device utilize coal as fuel.
All outdoor trash and recycling storage enclosures shall meet with the City of Aspen's
wildlife protection regulations that specify closures for dumpsters and other containers.
Section 20: Transportation Management and Plan
Burlingame Ranch is a transit-oriented development with transit stops, car sharing, bike
racks and trails/sidewalks connecting to key pedestrian/bikeways of the city. The Final
PUD Plan submittal includes three (3) mobility plan options that meet the standards of
the PUD/Subdivision requirements of the city to adequately address new automobile trips
generated by the development. The mobility plans go beyond mitigation of the new trips
by adding capacity to the transit program which address some existing transit needs in the
vicinity. The City Council will further evaluate the options and select a preferred
alternative for implementation. The City Council shall determine and commit to a
detailed mobility plan for the project within six (6) months of the effective date of this
ordinance. Such plan shall be recorded as an addendum to the PUD/SIA Agreement.
All bus capital, service and operations shall meet with the approval of the Transportation
Options Program through the Assistant City Manager. Additionally, transit support
facilities such as pull-outs, curb and gutter shall be constructed to RFTA's construction
specifications.
Section 21: Snow Storage
The snow storage areas are expected 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 and may be planted with vegetative
types in quantities and locations that will not impede plowing, storage or water flow.
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Ordinance No. 24, Series of 2005, Page 10
Section 22: Exterior Lighting
The Final PUD plan 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. Prior
to issuance of building permits for single family residences, compliance with the above-
noted section shall be demonstrated.
Section 23: Street Lightim,
Phase I street lighting is acceptable with lights located at key road intersections and at
major community-oriented locations such as the commons building and transit stops.
Conduit for future street lighting shall be set in place in conjunction with Phase I
infrastructure.
Section 24: Trails
The Applicant shall install a pedestrian trail that is three (3) feet in width and made of
crusher fine material that runs along the top of the Roaring Fork River bluff, connecting
with the parking court at World Cup Court and the southemmost transit stop on Forge
Road. The trail will be open to the public and maintained by the Homeowner's Association.
This trail shall be installed in conjunction with Phase I of the development.
Section 25: "Efficient Building"
Each building shall achieve a minimum 145 points within the City of Aspen Building
Program.
Section 26: Impact Fees
Park Impact Fees
Pursuant to Land Use Code Section 26.610.080, Impact Fees-Affordable Housing, City
Council hereby waives the Park Development Impact Fees for the Burlingame Affordable
Housing Development finding that approximately 195 acres of land are being preserved as
open space in conjunction with the Bar/X and Burlingame Affordable Housing
Developments.
School Land Dedication in Lieu Fees
The Burlingame Ranch Affordable Housing Development shall provide a cash in lieu fee
to the Aspen School District based on the formula contained within Section 26.630 of the
Land Use Code. The Aspen School District has indicated their interest in having land
dedicated to the district for the purpose of housing district employees, for other district
purposes, or selling land dedicated to them within Burlingame Ranch for revenue. The
intended purpose of the Burlingame Ranch development is to provide affordable housing
and not to create a public facility such as a school would encourage. The City Council may
provide to the Aspen School District, with their agreement, a subdivided residential lot(s)
in Burlingame Ranch at a value equal to the fee.
Fees are assessed based on one-third the value of the unimproved land divided by the
proposed number of residential units on a per acre basis. The City of Aspen verifies the
unimproved land value of the lands underlying the Project to be $12,448.62 per acre from
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 11
recent transactions and information from the Pitkin County Assessor. This value divided
by the land dedication standard for the number of units in each of the bedroom categories
results in a total impact fee of $157,517.41.
House size Land Dedication Per unit Fee
Standard
One bedroom .0012/acre $153.06
Two Bedroom .0095/acre $1,211.77
Three .0162/acre $2,066.38
Bedroom
Four Bedroom .0248/acre $3,163.33
TOTAL for 97 units $157,517.41
Amendments to the project shall include an adjustment to this fee according to the above
calculation methodology.
Section 27: Fire Safety Mitigation
All buildings within the development shall include fire sprinkler and alarm systems meeting
the requirements of the Aspen Fire District. Fire hydrant locations and spacing, as well as
the location and dimensions of all fire lane and turn-around areas for fire apparatus shall
meet with the approval of the Aspen Fire Marshal.
Section 28: Coordination with Bar/X
The Applicant shall coordinate with the Bar/X developer to ensure, that where the projects
are related, utility installation, storm water management facilities and construction
management are as efficient as possible and minimizes environmental impacts.
Section 29: Vested Rights
The land use approvals contained within this ordinance shall constitute a site-specific
development plan and vest for a period of three (3) years as provided by law. An extension
may be applied for under the land use code provisions in place at the time of request.
No later than fourteen (14) days following final approval, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such
notice shall be substantially in the following form:
"Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property fight, valid for a period of three
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: Burlingame
Ranch Affordable Housing Development (Phase I)."
Section 30: Final Plat and PUD Plans
Pursuant to Land Use Code Section 26.445.070(A) and Section 26.445.07003), Recording a
Final PUD Development Plan, the Applicant shall prepare and record a final PUD
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Ordinance No. 24, Series of 2005, Page 12
development plan and applicable subdivision plats at the Pitkin County Clerk and Recorder's
Office within 180 days of adoption of this ordinance. The Applicant shall also prepare and
record a Subdivision/PUD agreement at the Pitkin County Clerk and Recorder's Office
pursuant to Land Use Code Section 26.445.070(C), PUD Agreement, within 180 days of
adoption of this ordinance. No building permits shall be applied for or issued prior to
recording the documents described herein.
Section 31: Access/Infrastructure Permit
Upon adoption of this ordinance, the Applicant may submit an application for an
Access/Infrastructure (A/I) permit with the City of Aspen Building Department in order to
commence grading and construction of the roads and utilities within the development. An
access/infrastructure permit may be applied for and issued, upon the ordinance becoming
effective, and prior to the recordation of the Final PUD plans and agreements, provided
that sufficient plans accompany the A/I permit application as shall be determined by the
Chief Building Official. The A/I permit application shall include the following:
a. Site Improvement Survey that contains topography at 5' contours, all existing
structures and improvements, location of existing trees, and all easements and
right-of-ways.
b. Detailed Grading Plans showing existing conditions and proposed
improvements.
c. Detailed Drainage Plans that include erosion control measures.
d. State Storm Water Management Permit.
e. Construction Management Plan.
f. Road Profiles.
g. Tree Removal Permit.
h. Dust Suppression Plan.
Section 32: Building Permit Application
The building permit application shall include the following:
a. A letter from the primary contractor stating that the approving ordinance has
been mad and understood.
b. A signed copy of the final Ordinance granting land use approval.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. Copies of the executed PUD plans and agreement.
e. A construction management plan meeting the Community Development
Department's requirements.
f. A fugitive dust control plan to be reviewed and approved by the Environmental
Health Department, which addresses watering of disturbed areas.
Section 33: 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.
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Ordinance No. 24, Series of 2005, Page 13
Section 34: Order of Recordation
Filing of the plats, plans, documents and agreements associated with this approval shall be
filed with the Pitkin County Clerk and Recorder in the following sequence unless determined
necessary to be changed by the Community Development Director: 1. Agreements with Utility Providers
2. Final Subdivision Plat of the two-lot subdivision of Burlingame Ranch Lot 1
3. Final Subdivision Plat of the two-lot subdivision of Parcel 2, Park Trust Exemption
4. Burlingame Ranch Subdivision, Filing No. 1, Final Plat
5. PUD Plans (Improvement Survey, Engineering Site Plan, Utility, Grading, Drainage,
Phasing Plan, Site Plan, Accessibility Plan, Landscape Plans, and Architectural
Character Plans
6. PUD/SIA Agreement
7. Master Homeowner's Association Documents
8. Residential Design Guidelines
9. Other plans or documents, as deemed necessary by the Community Development
Director
Section 35:
All material representations and commitments made by the applicants 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.
Section 36:
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 37:
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 38:
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance and exhibits in the office of the Pitkin County Clerk and Recorder.
Section 39:
That the Community Development Director is directed, upon the adoption of this ordinance,
to cause the Official Zoning Map of the City of Aspen to be amended to reflect the rezoning
of the subject property as herein described.
Section 40:
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 14
A duly-noticed public heating on this ordinance was held on the 25th day of April, 2005, at
5:00 p.m. in the Council Chambers of Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 11th day of April, 2005.
Attest:
Kathryn S. I~h, City Clerk
FINALLY, adopted, passed and approved this 25th day of April, 2005.
Attest:
Kathryn S. ~1~, CiffClerk
illllo
Approved as to form:
orcester, City Attorney
Burlingame Ranch Final PUD
Ordinance No. 24, Series of 2005, Page 15