Loading...
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 Page: 2 of 19 08/Z9/2~05 08:42¢ 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 Page: 3 of ~9 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 Page: 6 o¢ 19 08/19/2085 08:42~ $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 Page: 7 of lB 0&/19/200S 0~: 42¢ 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