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ORDINANCE NO. 30
(SERIES OF 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A SUBDIVISION/PUD AMENDMENT TO
BURLINGAME RANCH AFFORDABLE HOUSING PUD, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the City of Aspen Asset Management Department, with consent to apply from the
single-family residential lot owners, requesting approval of subdivisionIPUD
amendments to the Burlingame Ranch SubdivisionIPUD to amend the rear yard setback
requirement for accessory structures on the single-family residential lots in Phase 1 to
five (5) feet, to amend the allowable floor area for the single-family residential lots in
Phase 1 to allow for 2,500 square feet of floor areas as measured by the City Land Use
Code's calculation methodology plus a 500 square foot garage exemption, to establish an
allowable maximum height of thirty (30) feet on the single-family residential lots in
Phase 1, and to amend the PUD to delete the fire sprinkler requirement for the single-
family residential lots in Phase 1; and,
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 of2005, 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
Ordinance No. 3D,
Series of 2006.
Page 1
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the phase shall be subject to the processes and standards of the Land Use Code unless other
provisions are established as applicable; and,
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WHEREAS, 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,
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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 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,
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WHEREAS, 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 ill 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 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,
Ordinance No. 30,
Series of 2006.
Page 2
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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:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves a SubdivisionIPUD Amendment to the Burlingame Ranch
SubdivisionIPUD, amending the minimum rear yard setback requirement for accessory
structures on the single-family residential lots in Phase 1 to five (5) feet and allowing for
the provisions of Land Use Code Section 26.575.020(B)(2), Building Heights: Exceptions
for Buildings on Slopes, to extend from the front yard setback to the rear yard setback on
those single-family lots in Phase I in which pre-construction (prior to construction of the
residential units) grade slopes away from the primary street that the lot borders, with the
conditions contained herein.
Section 2: Amended Approved Dimensional Requirements
Amendments to the Phase 1 dimensional requirements are identified in the table below:
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97 Deed-Restricted Units
15 I-bedroom
302-bedroom
52 3-bedroom
ex andabili will effect bedroom count
44% for total subject area
45% for individual lots
.33:1 (176,948 sq. ft.)
.36:1 (195,508 sq. ft. wi possible expansions)
154,738 sq. ft. for multi-family buildings
5,570 sq. ft. for commons building
3,161 sq. ft. for transit stops
28,600 sq. ft. for single family hnmes (2,200 per lot)
(last four numbers above show maximum sq. ft. with
ex andabilit
34 feet for multi-family and community buildings
25 feet for single family lot buildings in Phase I *(Please
see height provisions established in Section I of this
ordinance)
25 feet for sin Ie famil lot buildin s in Phases 2 and 3
As represented on the Final PUD Plans
10 feet front, 5 feet side, 10 feet rear.
Lnts 9 & 10, Block I: 5 feet front, 10 feet side, 5 feet
rear.
All Phase 1 lots: 10 feet front, 5 feet side, 10 feet rear for
rinei al residence, 5 feet rear for accessor structures.
32 font 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-famil and transit bui1din s
1.67: I Parkin S aces er Unit, 162 total
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Ordinance No. 30,
Series of 2006.
Page 3
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Section 2: Subdivision/PUD Al!reement Amendments
The Applicant shall prepare and record an amendment to the subdivisionIPUD agreement
representing the amendments approved herein.
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Section 3: Desil!n Guideline Amendments
The Applicant shall prepare and record an amendment to the design guidelines representing
the amendments approved herein.
Section 4: Phase 1 Sinl!le-familv Lot Floor Area
The allowable floor area for the single-family lots in Phase 1 of the development shall be
2,200 square feet plus a garage exemption of 500 square feet as measured by the calculation
methodology set forth in Land Use Code Section 26.575.020, Calculations and
measurements.
Section 5: Auplicabilitv of Ordinance No. 24. Series of 2005 and Ordinance No. 55.
Series of 2005
The requirements and conditions of Ordinance No. 24, Series of 2005, granting final
subdivision and PUD approval to Phase 1 of the Burlingame Ranch Affordable Housing
Development, and Ordinance No. 55, Series of 2005, amending the final approvals
granted in Ordinance No. 24, Series of 2005, shall remain in full force and effect except
as otherwise specifically amended by the provisions of this ordinance.
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Section 6:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, the Planning
and Zoning Commission, 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 7:
This Ordinance shall not affect any eXlstmg 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 8:
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.
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Section 9:
That 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.
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Ordinance No. 30,
Series of 2006.
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Section 1 0:
A public hearing on the Ordinance shall be held on the 24th day of July, 2006, 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 10th day ofJuly, 2006.
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Kathryn&;' /-h, City Clerk
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FINALLY, adopted, passed and approved this 24th day of July, 2006.
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Kathryn S;' lih, City Clerk
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Approved as to form:
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~-Attorney
1"111 "III "111\ "II 111\1 1"11\ 111"\ III "III IIII 1"\ :~~~:;~~0~ 1:47
JRNICE K VOS CAUDILL PITKIN COUNTY CO R 26.00
Ordinance No. 30,
Series of 2006.
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