HomeMy WebLinkAboutordinance.council.055-05ORDINANCE NO. 55
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING AN AMENDMENT TO THE BURLINGAME RANCH
AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT (PUD) AND
SUBDIVSION, 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, VESTED RIGHTS AND APPROVING
THE REVISED CONCEPTUAL PLAN 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 purpose of
developing deed restricted affordable housing; and,
WHEREAS, the COWOP land use review process, Section 26.500 of the City of
Aspen Land Use Code, was created and adopted by the City of Aspen to allow the
planning of projects of significant community interest, when determined necessary by the
Aspen City Council according to said Section, to conduct an iterative process considering
input from neighbors, property owners, public officials, members of the public, and other
parties of interest, and assembling a Burlingame Affordable Housing Task Force Team,
providing recommendations directly to Aspen City Council; 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 gained Final PUD and Subdivision approval and land
use entitlements for the Burlingame Ranch Affordable Housing Phase I of the Project
through City Council Ordinance No. 24, Series of 2005, approved April 11, 2005; and,
WHEREAS, pursuant to Ordinance 24, Series of 2005, the entire Burlingame
Ranch Affordable Housing project, including amendments to 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; and,
Burlingame Ranch PUD Amendment
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VOtEREAS, Pursuant to Ordinance No. 24, Series of 2005, the final review and
entitlement for any amendment or 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
amendment or final development plan for each phase by the Aspen City Council and shall
incorporate all required land use actions to gain entitlement for the particular amendment or
phase of the project. Final entitlement for any amendment or phase shall be by Ordinance.
WHEREAS, pursuant to Ordinance No. 24, Series of 2005, and in consideration
of the phased aspect of the entire project, the City Council exempted 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, are applicable and amendments
may be made. Components of the Conceptual PUD plan shall be confirmed or amended
in conjunction with the final approval of each phase or amendments to the plan.
Development features of future phases may be amended by the Aspen City Council, in
conjunction with final approvals for each particular phase or amendments to phases; .and,
WHEREAS, the applicants have filed an application for the amendment to the
Burlingame Ranch Affordable Housing Final PUD and Subdivision Phase I and the
Conceptual Plan, and for related land use actions. Such application addressed the
application requirements and applicable review standards of the Aspen Municipal Code;
and,
WHEREAS, the City of Aspen Community Development Director has reviewed
the proposed PUD and Subdivision Amendment in consideration of the recommendations
of the COWOP Task Force Team, the conditions of the final approval, the requirements
of the land use code, and comments from applicable referral agencies and has
recommended approval of the PUD and Subdivision Amendment subject to conditions of
approval as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the PUD and
Subdivision Amendment proposal under the applicable provisions of the Municipal Code as
identified herein, has found the amendment to be consistent with the final approval and
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,
WItEREAS, approval of this ordinance does not complete the COWOP process,
but constitutes another step of the COWOP review process. Future steps may include
applications for amendments and Final PUD Plans of Phases II and BI 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 PUD and Subdivision
Amendment proposal meets or exceeds all applicable development standards and that the
approval of the PUD and Subdivision Amendments for Phase I, with conditions, is
consistent with the goals and elements oft~ ~aan ~ ~,,~,, Ar~ Cr~rnmnnitv Plan. esneciallv
Burlingame Ranch PUD Amendment
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those goals relating to the development of affordable housing within the Urban Growth
Boundary and the preservation of open space; and,
WHEREAS, the Aspen 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:
Section 1: Amended Conceptual and Final Plan Approved
The Burlingame Ranch Affordable Housing Conceptual and Final PUD Plan and
Subdivision is hereby amended and approved through this PUD and Subdivision
Amendment. The amended PUD and subdivision plats and documents shall serve to
confirm the amendment to the Conceptual Plan as it was approved through Ordinance No.
24, Series of 2005. The approved amendment includes the creation of Lots 9 & 10 of
Block 1 and the designation of those lots for single family dwellings; the addition of
Building D-3 to Phase I and its designation as a 5 unit, multi-family building; revisions to
the Residential Design Guidelines; finalization of the third transit stop; and the addition
of right of way area to Harmony Road.
Section 2: Development Order for Amendment
The Amendment to 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 Final PUD/Subdivision Phase I Application Development Plans, dated
Noveber, 2005, and granted all necessary land use approvals including Final PUD
Amendment, 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, and Vested Rights, subject to conditions of approval as described herein.
Section 3: Applicability of Ordinance No. 24~ Series of 2005
The requirements and conditions of Ordinance No 24, Series of 2005, granting Final PUD
and Subdivision approval to Phase I of the Burlingame Ranch Affordable Housing
development, shall remain in full force and effect except as otherwise specifically
amended by the provisions of this ordinance and the approved plans.
Section 4: Amendments to Phase I Approved Proiect Dimensions
Amendments to Phase I dimensional standards are identified below on the following
page.
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Budingame Ranch PUD Amendment
Ordinance No. 55, Series of 2005, Page 3
1.67:1 162 total
Section 5: Parking
With this PUD/Subdivision Amendment, the Phase I parking ratio shall continue to be
1.67:1.
Section 6: Architectural Character and Residential Design Guidelines & Height:
The Residential Design Guidelines shall be amended to allow for side-loaded garages for
Lots 9 & 10 of Block 1. The Guidelines shall specifically note that the applicability of this
provision is only for the above-noted lots. The height of the new single family lots shall be
limited to 25 feet and the multi-family building D-3 shall be limited to 34 feet.
Section 7: 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.
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Ordinance No. 55, Series of 2005, Page 4
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Section 8: Homeowner's Documents
The HOA documents shall be amended to reflect any necessary provisions that arise from
this PUD and Subdivision Amendment as determined by the Community Development
Director.
Section 9: Water Department Services
The water service lines that are to serve the new single family lots in Block 1, Lots 9 & 10
are to be taken offofa new looped 4" line that connects to the Water Department main line
in Forge Road. Such 4" water line shall be located on private property of the HOA and be
the responsibility of the Homeowner's Association and the maintenance and ownership
requirements shall be included in the HOA documents.
Section 10: "Efficient Building"
Each building shall achieve a minimum 145 points within the City of Aspen Building
Program.
Section 11: Impact Fees
Park Impact Fees
In keeping with Ordinance No. 24, Series of 2005 and 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 and consistent with the values and calculations contained with Ordinance
No. 24, Series of 2005. 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
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 revised total impact fee of $160,361.11. The following fees are due for the
entire Phase I as amended, and take the place of the calculations contained in Ordinance
No. 24, Series of 2005.
Burlingame Ranch PUD Amendment
Ordinance No. 55, Series of 2005, Page 5
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 $160,361.11
Further amendments to the project shall include an adjustment to this fee according to the
above calculation methodology.
Section 12: 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 cimulation 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 right, 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 (Amendment to Phase I and the Conceptual
Plan)."
Section 13: Amended PUD Plans and Subdivision Plats
Pursuant to Land Use Code Section 26.445.070(A) and Section 26.445.070(B), Recording a
Final PUD Development Plan, the Applicant shall prepare and record an Amended PUD
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 revised 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. Building permits may be applied for, but not issued prior to
recording the documents described herein.
Section 14:
All material representations and commitments made by the applicants pursuant to the
development proposal approvals as herein awarded, as presented in public hearing or
documentation before the Aspen City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by other specific conditions.
Burlingame Ranch PUD Amendment
Ordinance No. 55, Series of 2005, Page 6
Section 15:
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 16:
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 17:
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 18:
A duly-noticed public heating on this ordinance will be held on the 9th day of January, 2006,
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 12th day of December, 2005.
Attest:
FINALLY, adopted, passed and approved this 9th day of January, 2006.
Attest:
~CityCler~ k~
Approved as to form:
J~d~arcesi'e~,'Ci~y Attorney
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Burlingame Ranch PUD Amendment
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